Terms of service

This website is operated by Redpoint Sports Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Redpoint Sports Pty Ltd. Redpoint Sports Pty Ltd offers this website, including all information, products, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Redpoint Sports Pty Ltd offers sporting supplies and equipment ("Goods" or “Products”) for sale online at www.redpointclimbing.com.au (“Online Store”). By visiting our site and/or purchasing Goods 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. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

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.

GENERAL CONDITIONS

You may not use our Goods or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Without limitation whatsoever, all Goods and Services remain the property of Redpoint Sports Pty Ltd until full clear payment has been received. The term “payment” includes the purchase price of the Goods (which includes GST), the cost of one-way shipment to the physical postage address you provide us, transit insurance (where additionally purchased by you) and any other cost Redpoint Sports Pty Ltd may from time to time expressly disclose in our Product details page.
Unless otherwise agreed, you are required to make full payment no later than 5 business days from when you commit to purchase. In this Agreement, the term “commit to purchase” means the completion of check out of your shopping cart.
In the event you fail to pay for the Goods or Services, you will be deemed to have reneged on the Terms and Redpoint Sports Pty Ltd reserves the right to cancel the order and re-list the items for sale and you will have no recourse against Redpoint Sports Pty Ltd.
All sales are final, subject to your rights under the Australian Consumer Law and the terms and conditions of this Agreement.
It is your sole responsibility to ensure that the Goods or Services purchased from this website are suitable for any special purpose for which you are buying them, and Redpoint Sports Pty Ltd does not make any guarantee that the Goods or Services are fit for any special purpose other than that which they would normally be used for and which is expressly stated on this website.
The provisions of this document apply equally and without limitation to all methods of sale.
We reserve the right to refuse service to anyone for any reason at any time.
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.

PROMOTIONS

Buy one get one free 2022: Promotion starts at 12:00am on Thursday 10 November 2022 and closes at 11:59pm on Saturday 10 December 2022. Add any 2 items to cart and the lowest priced item will automatically be discounted to $0. Limited to 1 use per order, per customer. Cannot be combined with any other promotions. Redpoint Sports Pty Ltd reserves the right to cancel the promotion at any time.
Free shipping on all orders over $30 across Australia: Applicable to delivery addresses in Australia. Discount code FREESHIP must be applied at checkout. Cannot be combined with any other promotions. Redpoint Sports Pty Ltd reserves the right to cancel the promotion at any time.

GOODS OR SERVICES

Certain Goods or Services may be available exclusively online through the website. These Goods or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our Goods that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Goods 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 Goods or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Goods or Services at any time. Any offer for any Goods or Service made on this site is void where prohibited.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our Products are subject to change without notice.
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).
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.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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.

OPTIONAL TOOLS AND THIRD PARTY LINKS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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.
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).
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.
Certain content, Goods and Services available via our Service may include materials from third-parties. 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, Goods, or services of third-parties.
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.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

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 to:

maintain any comments in confidence;
pay compensation for any comments; or
To respond to any comments.

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.
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.

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:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
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;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
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

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
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.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Goods 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.
In no case shall Redpoint Sports Pty Ltd, 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 Goods 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Redpoint Sports Pty Ltd, 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.

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.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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.
If in our sole judgment 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).

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Australia Consumer Law.

SHIPPING TERMS

Your address and contact details will be provided where necessary to our nominated courier(s). It is your responsibility to provide us with a correct and up-to-date contact telephone number and physical postage address.
In the event that Goods are shipped by courier, you expressly agree and acknowledge that you must provide Redpoint Sports Pty Ltd with a correct contact telephone number and physical postage address as couriers are unable to deliver to PO boxes.
Packages which are returned to us because they are unclaimed, due to an incorrect address, or as a result of the recipient's refusal to pay import duties and/or taxes can be reshipped at a cost to you, or we can provide a refund less a $24.95 administration fee.
Redpoint Sports Pty Ltd aims to dispatch your Goods within 3 business days of payment clearing during business hours, Monday – Friday. Orders received on a Friday or over the weekend, or on public holidays will not be processed until the next working day.
You may contact us by email and make arrangements for combined shipping/postage for multiple items supplied us, provided that such arrangements are made prior to the dispatch of Goods.
You will receive email notification from us that your Goods have been dispatched no later than 24 hours after the Goods leave our warehouse. Email notification will include consignment-tracking information where applicable. Once dispatched, Redpoint Sports Pty Ltd expressly disclaims all liability for damage/loss to Goods.
You are solely responsible for payment of any costs incurred for shipping/postage of Goods brought from us, unless otherwise stated.
Shipping/postage rates are calculated at the time of sale and will vary depending on the location.
Transit damage insurance is not automatically included in shipping/postage rates unless expressly stated.
All purchases will be shipped to the address provided at Checkout. You expressly acknowledge that it is your sole responsibility to ensure that the address/recipient provided at Checkout is correct and up-to-date in all respects.
You expressly acknowledge that alternative addresses/recipients provided to Redpoint Sports Pty Ltd by email, via the Contact Us form or Facebook Messages are insufficient to cause a change of address/recipient as such instruction cannot be given effect to by our automated system.
Redpoint Sports Pty Ltd assumes no responsibility for Goods or Services sent to an incorrect address/recipient as a result of your mistake(s) or omission(s).
If, as a result of your mistake or omission, and though no fault of Redpoint Sports Pty Ltd, the Goods are sent to the incorrect address/recipient, you will have no recourse against Redpoint Sports Pty Ltd for any loss you may incur. Redpoint Sports Pty Ltd reserves the right to retain any funds paid by you for purchase of the Goods or Services and you shall have no recourse for recovery of the same.
While Redpoint Sports Pty Ltd aims to dispatch your Goods or Services within 3 business days of payment clearing, it will not be held responsible for failures caused by factors beyond its control, such as, but not limited to, fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, pandemic, lockout or interruption or failure of internet, electricity or telephone services.
Redpoint Sports Pty Ltd assumes no liability whatsoever for any loss or damage that may result from shipping/transport of Goods, or as a result of loss or theft of such Goods after it leaves our warehouse and is in possession of the shipment/postage provider.
The ‘free standard delivery for domestic purchases over $99’ offer may be withdrawn or altered at any time.

RETURN AND REFUND TERMS & CONDITIONS

In this section, “Purchase Price” means the price you originally paid for the Goods, but does not include any postage/shipping and insurance costs paid by you for the delivery/return of the Goods.
Provided that you meet all the conditions set out below, you have 30 days from the date payment clears to contact us and request a full refund of the purchase price of the Goods. To obtain a full refund of the purchase price:

Goods must be returned to us in original undamaged and resalable condition;
All original packaging must be returned to us;
You must contact us by email within the specified time frame and request a refund. You must specify the details of the bank or PayPal account you nominate for the refund to be deposited into

Whether or not the Goods are in original undamaged and resalable condition will be determined by Redpoint Sports Pty Ltd. In the event that Redpoint Sports Pty Ltd considers that the Goods are not in such state of repair, Redpoint Sports Pty Ltd is not liable to refund the purchase price of the Goods. In such an event, you are responsible for paying the return shipment/postage cost for the item to be returned to you.
Where, to the satisfaction of Redpoint Sports Pty Ltd, the above conditions are met, Redpoint Sports Pty Ltd will refund the purchase price of the Goods within 7 working days by direct debit to an account nominated by you or by your original payment method.
You are liable for all costs incurred to return the Goods to us, unless stated otherwise, and you expressly acknowledge that refund of the purchase prices does not include any costs whatsoever incurred by you relating to shipping/postage or insurance of the Goods.
Free returns are offered via pre-paid postage labels supplied by us to you. We are unable to refund any postage fees you have paid for yourself.
items already exchanged can be returned for a change of mind refund at a postage cost to you plus a $24.95 administration fee.

WARRANTIES

Our Goods and Services come with a 12 month warranty from the original date of order, that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.
All claims arising from manufacturer faults, or on the basis of guarantee or warranty relate solely to the purchase price of the item only. Except as required by law, or with the discretion of Redpoint Sports Pty Ltd, there shall be no recourse against Redpoint Sports Pty Ltd for recovery of any postage, handling or insurance monies paid by you whatsoever.
Prior to dispatch, Redpoint Sports Pty Ltd and/or its agents check all Goods are of a salable quality and in working condition. All due care is taken to ensure Goods are suitably packaged to minimise the likelihood of damage occurring during shipping/postage.
Redpoint Sports Pty Ltd has no obligation to and is not liable to refund or replace Goods that are damaged in transit or on delivery. However, where you:

Inspect the Goods on arrival; and
Notify Redpoint Sports Pty Ltd of damaged/faulty Goods within 24 hours of delivery of Goods,
Redpoint Sports Pty Ltd may, at its sole discretion, replace the damaged Goods with a similar item or provide a full refund of the purchase price of the Goods.

In the event that Redpoint Sports Pty Ltd exercises its discretion:

You expressly acknowledge that you are solely responsible for paying any shipping/postage costs incurred and that Redpoint Sports Pty Ltd is not liable to refund the original postage/shipment cost, unless otherwise stated;
You must, within 7 days of Redpoint Sports Pty Ltd accepting your claim, provide all information required to facilitate your refund/replacement;
Redpoint Sports Pty Ltd will do all things necessary to honour the commitment within 7 business days of receipt of the requested information.

Subject to your rights under the Australian Consumer law, you expressly acknowledge that if you fail to notify us of damaged Goods within 24 hours of delivery or fail to provide information required to facilitate your claim, you will forfeit your rights to remedy and there shall be no recourse against Redpoint Sports Pty Ltd for any loss or damage whatsoever.
The Redpoint Sports Pty Ltd Warranty covers:

Defects in materials or workmanship used in or associated with the manufacture and assembly of the Product;
The cost of returning repaired or replaced Goods to you.

The Redpoint Sports Pty Ltd Warranty does not cover:

Damage or wear and tear or expendable parts;
Damage caused by accidents, natural disasters, misuse, failure to properly maintain the Product, failure to follow manufacturer's instructions for the use of the Product, negligence or any alteration whatsoever in the form of content of the Product;
The cost of returning faulty Goods to us, except where required by the Australian Consumer Law.

The Redpoint Sports Pty Ltd Warranty becomes null and void where:

Any adjustment, part replacement or repair is carried out by any person other than a service agent authorised by Redpoint Sports Pty Ltd, or the damage is caused by the use of any non-genuine accessories or parts not from the original manufacturer;
Where the Goods are used for commercial use or otherwise not in accordance with its normal use and purpose;
This Warranty applies only to the original owner and is not transferable in the event of the Product being sold or otherwise disposed of;
The Redpoint Sports Pty Ltd Warranty does not apply to Goods replaced or parts repaired or replaced under a previous warranty claim.

To claim the Redpoint Sports Pty Ltd Warranty you must:

Contact us directly via email or our website form;
Return the Product to us as per the directions issued by our Customer Contact representative;
All Goods returned under the Redpoint Sports Pty Ltd Warranty must be properly packaged, freight prepaid and insured. Subject to the requirements of the Australian Consumer Law, Redpoint Sports Pty Ltd does not accept any liability for these charges.

Depending on the nature of the fault, Redpoint Sports Pty Ltd may repair, replace or refund the purchase price (less shipment costs) of the Goods. Except as required by law, the decision of whether to repair, replace or refund the purchase price (excluding postage / freight) will be at the sole discretion of Redpoint Sports Pty Ltd.

QUESTIONS AND CONTACT INFORMATION

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

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