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Terms of Service

This website (at ajeathletica.com.au) (Site) is a shopping website where you can browse, select and order designer clothing and accessories (Goods) from Aje Wholesaling Pty Ltd (ABN 26 130 160 753) and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth))

    (Collectively Aje Athletica, us or we).

These terms of service (Terms) apply to your:

access and use of the Site (including your order of Goods through the Site); and

purchase of any Goods or services from any physical store operated by Aje Athletica.

Please read these Terms before purchasing any Goods from us (whether in store or via the Site).

If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

The Terms also apply to the sale of any Goods via methods other than the Site, including sales by telephone, in person or other means, unless otherwise agreed in writing.

Disclaimer

The information contained on the Site is provided in good faith on an "as is" basis. We do not represent or warrant to the reliability, accuracy or completeness of the information contained on the Site. To the extent permitted by law, Aje Athletica is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.

Intellectual Property

You:

  • acknowledge that the copyright and other intellectual property rights subsisting in the Goods, the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material) are owned by or licensed to us;
  • must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Material without our prior written consent; and
  • must not frame or embed in another website any of the material appearing on the Site without our prior written consent.

You may:

  • store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
  • print hard copies of the content and Materials for the sole purpose of viewing and purchasing Goods but not for any other use, including commercial use.

This Site, the Goods and any ancillary materials or documents owned or used by Aje Athletica in connection with the sale of the Goods and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Aje Athletica. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.

Commercial Use

The sale of any Goods by Aje Athletica is strictly for personal use and no Goods are permitted to be used by you for commercial gain of any nature. For the avoidance of doubt, you are not permitted to use any Good in any hire agreement with a third party.

You agree and acknowledge that, if you use a Good for a commercial purpose or to receive a monetary benefit, we may take legal action against you (including seeking injunctive relief from a court of competent jurisdiction).

Viruses

We do not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.

You are responsible for scanning any information for viruses.

You agree that we have no responsibility or Liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.

If we are found to be liable this will be limited to the cost of supplying the information again.

Compliance with these Terms

You agree to bound by, and comply with, these Terms by:

  • using the Site;
  • completing your registration through the Site; and/or
  • obtaining or ordering Goods from us by using the Site or by any other method of sale (including via in-person sales at any Aje Athletica stores).

Changes to these Terms

If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the Terms that applied at the time you placed your order. We cannot vary the Terms which apply to a given order after that order is accepted by us.

Subject to the above, we may change these Terms at any time, and such modifications will be effective on and from the time they are posted. By continuing to use the Site after these have been modified, or by purchasing any Goods in store after the relevant change, you agree to be bound by the changes to these Terms.

Registration

You may (but are not obliged to) complete the customer registration process through the Site before placing an order for Goods through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site.

Placing an Order for Goods

You may order Goods by selecting and submitting your order through the Site in accordance with these Terms.

Any order placed through this Site for Goods is an offer by you to purchase the particular Good for the price notified (including the delivery and other charges and taxes) at the time you place the order.

We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.

You agree to provide us with current, complete and accurate details when asked to do so by the Site.

Acceptance or Rejection of an Order

We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Good is not available, if there is an error in the price or the product description posted on the Site or in your order.

Each order placed for Goods through the Site or any other means that we accept results in a separate binding agreement between you and us for the supply of those Goods. For each order accepted by us, we will supply the Goods in that order to you in accordance with these Terms.

If we reject an order placed through the Site, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

Cancelling an Order (by Us)

Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any Liability to you for that cancellation if:

  • the requested Goods in that order are not available; or
  • there is an error in the price or the product description posted on the Site or in any other sales platform in relation to the relevant Good in that order;
  • we consider that the postage price selected in the checkout does not match the applicable price for the delivery address;
  • your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible);
  • that order has been placed in breach of these Terms;
  • we are unable to obtain authorisation for payment;
  • you fail our customer validation checks; or
  • we believe you are generating orders for commercial gain and not personal use.

If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these Terms. If we make a decision to cancel an Order under this section that decision is final and is made at our absolute discretion. No correspondence will be entered into in respect of our decision.

Cancelling an Order (by You)

Orders may not be cancelled once submitted via this Site or via any other method of sale. Should you wish to correct your delivery address or contact details prior to the order being dispatched, please contact us and we will endeavor to assist you.

Delivery of Goods

Please see the Shipping section of the Site for information on delivery times and costs.

Prices, Fees and Charges

The prices of Goods, delivery and other charges displayed on this Site or available in store are current at the time of issue, however, we reserve the right to change prices at any time before we accept an order from you.

All prices shown on this Site are in Australian Dollars (AUD).

We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

  • the purchase price of each Good that is ordered;
  • the delivery fee for delivering the Goods to you; and
  • any other fees and charges set out in these Terms.

All fees and charges identified in these Terms and all prices for the Goods as shown on the Site are inclusive of GST (unless otherwise indicated).

Your Obligations

You covenant and warrant that:

  • all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
  • the person receiving the Goods at the delivery address is authorised by you to do so;
  • you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
  • you will ensure that your LoginID and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
  • you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
  • you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
  • you are responsible for any costs associated with your access to or use of the Site, including internet access fees/costs;
  • you are responsible and liable for any person that uses your LoginID and password to order Goods through the Site;
  • you agree that we may charge you for all Goods that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
  • you will check the labels on the Goods before use.

You must not:

  • use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
  • use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
  • make fraudulent or speculative enquiries, purchases or requests through the Site;
  • use another person’s details without their permission or impersonate another person when using the Site;
  • tamper with or hinder the operation of the Site;
  • knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
  • use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
  • modify, adapt, translate or reverse engineer any portion of the Site;
  • remove, copy, modify or adapt any of our intellectual property rights (including (without limitation) copyright, trade mark or other proprietary rights) contained in or on the Site;
  • reformat or frame any portion of the web pages that are part of the Site;
  • create accounts by automated means or under false or fraudulent pretences;
  • use the Site to violate the security of any computer or other network or engage in illegal conduct;
  • take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
  • use the Site other than in accordance with these Terms; or
  • attempt any of the above acts or engage or permit another person to do any of the above acts.

Warranty and Liability

We accept Liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

You acknowledge and agree that use of this Site is at your sole risk. Where we are permitted by law:

  • we do not warrant or represent the suitability of the Site or any Goods for any purpose; and
  • we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Goods.

To the fullest extent permitted by law, Aje Athletica, its related bodies corporate and their officers, employees, agents and contractors disclaims all warranties of any kind (whether express or implied) in relation to the Site and the Material and will not be liable for any direct or indirect damage (including special and/or consequential damage, such as loss of business, loss of profits or loss of data) which results from any use or access of, or any inability to use or access the Site or the Material even if Aje Athletica was made aware of the possibility of such damages.

Our Liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by them is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our Liability is in contract, tort (including negligence), under any statute or otherwise.

Indemnity

You indemnity us from and against all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms.

Returns

Unless you notify us to the contrary by email within fourteen (14) days of delivery of any Goods and such notification is confirmed by return email within fourteen (14) days of its receipt by Aje Athletica, the Goods shall be deemed to have been accepted by you.

Please see Returns on the Site for more information on Aje Athletica’s Return Policy.

Termination and/or Suspension of Account

We may terminate these Terms for convenience at any time on notice to you.

Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these Terms.

General Provisions

If the whole or any part of a provision of these Terms are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms or is contrary to public policy.

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

Privacy Policy and Your Personal Information

Aje Athletica may collect your information (including personal information) via your use of the Site and/or purchase of Goods. Refer to the Privacy Policy, which form part of these Terms.

Promotions and Offers

We may from time to time hold seasonal promotions or other temporary offers or sales.

Relevant terms and conditions apply to such offers and are set out below:

Welcome Discount First Time Customer

*Terms and conditions apply. One use per customer. Cannot be used in conjunction with any other offer. Offer available on full price items only. Offer not valid on Gift Vouchers. Offer available Online only.

Pro Program

*Terms and conditions apply. The AJE ATHLETICA PRO PROGRAM (‘Program’) offer is 25% off full price AJE ATHLETICA products to qualifying members. AJE ATHLETICA may withdraw or terminate access to the Program (including your participation in the Program) at our discretion. You may withdraw from your participation in the Program at any time. This offer is available to qualifying individuals as set forth by AJE ATHLETICA. By opting into the Program, you are opting in to receive Marketing Communications from Aje Wholesaling Pty Ltd and agree with the terms of our Privacy Policy. You acknowledge that our use of your Personal Information will be for the primary purpose of sending you Marketing Communications (whether as part of the Program or otherwise). By unsubscribing from Marketing Communication you revoke access and privileges that come with being part of the Program and acknowledge that you will no longer receive any benefits under the Program. This offer is only available on full price AJE ATHLETICA products purchased in AJE ATHLETICA stores or online at ajeathletica.com.au or ajeathletica.co.nz. Unless expressed otherwise in any additional or subsequent offer by AJE ATHLETICA, the Program excludes all collaborations, all Aje product. The offer is available for personal use only and cannot be used for any other purpose. To redeem the 25% discount online at ajeworld.com.au you must enter the code “AAPRO” at checkout using the email address provided at time of application. Offer cannot be used in conjunction with any other offer. In order to remain eligible under the Program, you must maintain your industry certification. AJE ATHLETICA reserves the right to ask for further identification and can refuse service of this offer should fraudulent redemption be suspected or should you breach these terms and conditions. AJE ATHLETICA reserves the right to withdraw items from the offer at any time. Standard returns and exchange policy applies. You acknowledge that our full terms of sale shall apply to all AJE ATHLETICA product sold, which are available at ajeathletica.co.nz.

Tanks, Sports Bras + Leggings Bundle Promotion

Terms and conditions apply. The AJE ATHLETICA Active bundles promotion is receive 50% off any full priced tank or sports bra when you purchase any full priced legging. Valid from 6:00AM Monday 29/1/24 until 11:59PM AEDT Sunday 18/2/24 unless otherwise withdrawn or extended. Offer excludes Sale styles, New Essentials, Carry over styles and all IKKARI products. Styles included in the promotion are clearly marked. Discount applied at checkout. Offer valid through ajeathletica.com.au and in all AJE ATHLETICA stores, excluding DFO Brisbane. Offer cannot be applied to previously purchased items. Offer cannot be used in conjunction with any other offer. AJE ATHLETICA reserves the right to withdraw items from sale. Final sale and promotional returns policy applies. For further information please visit ajeathletica.co.nz

Full Priced Items

Items that have been purchased at full price are eligible for a refund or e-Boutique credit. Please note, we are unable to refund or credit the cost of shipping.

Due to hygiene reasons, we do not accept returns for jewellery.

Sale + Outlet Items

Items that have been marked down or are purchased during a promotional sale using a coupon code (for example Flash Sale or VOSN) are eligible for an e-Boutique credit. Note, we are unable to refund or credit the cost of shipping. e-Boutique credit is valid for twelve (12) months from date of issue. We do not offer refunds or exchanges on any Sale items purchased online unless deemed faulty.

Shoes


Please try on shoes on soft surfaces before wearing them. We will not accept shoes with sole markings or scratches. Ensure shoes are returned with their original packaging.

Conditions of Return

Please ensure the below conditions are met, before submitting your return request:

  • The item/s were purchased from the Aje Athletica e-Boutique.
  • The item/s are in their original conditions: Unworn, not altered and/or washed.
  • All tags are still attached.
  • Your Australian order will be returned to us within 14 days from your delivery date. Your Global order will be returned to us within 21 days from your delivery date.

Any items that do not meet these criteria will not be valid for any return. Any items returned to Aje without approval will be returned at the customers' expense.

Read more about our return policy here.

Definitions

Capitalised terms used are defined in these Terms.

In these terms:

  • “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
  • “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
  • “LoginID” means the email address that you provided to us as part of the registration process to use the Site.