Terms of service

Terms of Service

Last Updated: 26 November 2024

Welcome to And The New. These Terms of Service ("Terms") govern your access to and use of andthenewathletic.com (the "Site") and any services provided by AND THE NEW ATHLETIC PTY LTD (trading as "And The New", referred to as "we," "us," or "our"). Please read these Terms carefully before using our Site or purchasing products from us.

By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, you may not access the Site or use our Services.

1. General Terms
1.1 Eligibility
To use our Site and Services, you must either:

  • Be at least 18 years of age, or

  • If you are under the age of 18, use the Site under the supervision of a parent or legal guardian who consents to these Terms.

By using our Site, you represent and warrant that you meet these eligibility requirements or are using the Site with the consent of your parent or guardian.

1.2 Changes to the Terms
We reserve the right to modify these Terms at any time. We will notify you of any significant changes by updating the "Last Updated" date at the top of this page. It is your responsibility to review these Terms periodically to stay informed of any changes. Your continued use of the Site after changes have been posted constitutes your acceptance of the revised Terms.

2. Account Registration and Security
2.1 Account Creation
To use certain features of the Site, you may need to register for an account. When creating an account, you agree to provide accurate, complete, and up-to-date information. You are solely responsible for maintaining the confidentiality of your account credentials, including your password.

2.2 Account Usage
You are responsible for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorised access or use of your account.

3. Products and Services
3.1 Product Descriptions
We strive to describe our products accurately. However, we do not warrant that product descriptions or any other content on the Site are accurate, complete, reliable, or error-free. Minor differences in colour, sizing, or other aspects may occur due to varying displays or production variations.

3.2 Pricing and Availability
All prices are in AUD (Australian Dollars), unless otherwise stated. Prices and availability of products are subject to change without notice. We reserve the right to limit the quantity of products available for purchase.

4. Orders and Payment
4.1 Order Acceptance
By placing an order, you make an offer to purchase the product(s). All orders are subject to acceptance by us, and we reserve the right to refuse or cancel any order at our discretion, including but not limited to orders that appear fraudulent.

4.2 Payment Terms
We accept payments through various methods (e.g., credit cards, debit cards, [Shopify Payments, PayPal, etc.]). You agree to pay all charges associated with your purchase at the prices in effect when the charges are incurred. Please note that your payment information is processed securely through third-party payment processors.

4.3 Taxes
Prices on the Site do not include applicable taxes or duties unless expressly stated. You are responsible for any such taxes or duties associated with your purchase.

5. Shipping and Delivery
5.1 Shipping Terms
We will make every effort to process and ship orders promptly. Shipping timelines provided are estimates and are not guaranteed. Once shipped, risk of loss passes to you.

5.2 International Shipping
For international orders, you are responsible for any customs, duties, or import fees incurred. Delivery timelines may vary depending on the destination country.

6. Returns and Refunds
Please refer to our Returns and Refunds Policy for detailed information on how to return items and eligibility for refunds.

7. Intellectual Property
All content on the Site, including but not limited to text, images, logos, and software, is the property of AND THE NEW ATHLETIC PTY LTD or its content suppliers. Unauthorised use of any content is strictly prohibited.

8. User Conduct
8.1 Prohibited Conduct
You agree not to use the Site or Services for unlawful purposes, including but not limited to:

  • Engaging in any activity that violates any applicable law.

  • Uploading or transmitting viruses, malicious code, or other harmful software.

  • Impersonating any person or entity or misrepresenting your affiliation.

9. Disclaimer of Warranties and Limitation of Liability
9.1 No Warranty
The Site and all products and services provided by us are offered "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Limitation of Liability
To the fullest extent permitted by applicable law, AND THE NEW ATHLETIC PTY LTD shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Site or Services.

10. Indemnification
You agree to indemnify and hold harmless AND THE NEW ATHLETIC PTY LTD, its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your use of the Site or violation of these Terms.

11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Queensland, Australia.

12. Termination
We reserve the right to terminate or suspend your access to the Site, without notice, if you violate these Terms or engage in any unlawful activity.

13. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:

Email: CustomerService@andthenewathletic.com

Disclaimer: By accessing or using our Site, you agree to these Terms of Service, which constitute a legally binding agreement between you and AND THE NEW ATHLETIC PTY LTD.