Top Grip Safety Supplies (https://topgrip.com.au/) (abn: 93006956074) owns and operates this Website. This document governs your relationship with topgrip.com.au. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, which may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way is offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and topgrip.com.au will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of https://topgrip.com.au/ or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by https://topgrip.com.au/ and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with https://topgrip.com.au/ you must be over 18 years of age and possess a valid credit or debit card. https://topgrip.com.au/ retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
- Our Contract: When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we receive your order and full payment; we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
- Pricing and Availability: Whilst we try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the corrected price or cancelling it. If we are unable to contact you within 3 days we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
- Payment: Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. All payment transactions are processed using the secure PayPal website.
- Delivery: Dispatch times may vary according to availability. https://topgrip.com.au/ uses a third party for all deliveries and shall not be liable for any loss or damage during transition. Transit time for deliveries cannot be guaranteed and should only be used as a guide. The goods will be dispatched from the warehouse within 24 hours after placing the order, while stock last.
- Returns: A notification of the faulty product(s) must be sent to and acknowledge by https://topgrip.com.au/ of items purchased online before the goods are posted back to https://topgrip.com.au/. When returning purchases made online, the products must be unworn and in their original condition and original packaging. You are liable for the postage cost of returning products purchased on this Website. If the product is faulty when you receive it you may choose to return the product to https://topgrip.com.au/ for a replacement or full refund. Faults will be assessed by our Customer Care Team and we may also consult with the supplier or manufacturer. If the product is found to be faulty you will receive a full refund. Refunds made under this clause are subject to clause f. below. For more information on our online and store returns policy, please refer to our return page for further information.
- Refunds: Refunds will only be issued in accordance with our online returns policy and will only be made to the original account used for payment. In some limited circumstances, we may make a refund to an alternative account if the original account has been cancelled or is not available. Please note, any delivery cost incurred on the original order cannot be refunded and will be at the loss of the customer.
Top Grip Safety Supplies under Australian Consumer Law, has full rights to reject any return or refund claims by the client(s) in following circumstances:
- Changed your mind and no longer want the product
- Ordered the wrong product (sizes, colours and etc)
- Found the product cheaper elsewhere
- Found a better product elsewhere
- Were aware of the relevant fault before buying the product (such as if the fault was written on the product’s tag, or for online purchases, indicated in any photos or descriptions of the item online)
- Damaged the product by misusing it – (such as if you dropped your mobile phone in water)
- Used the product for a long time and the problem is as a result of usual wear and tear.
- Top Grip Safety Supplies reserves the rights to replace or issue a refund if the goods are received undamaged and in their original conditions (packaging) within 7 days from the sale. The client must present the original Tax Invoice and accept a 20% restocking fee.
7. Loss of Goods: The risk of loss of goods shall be passed to the customer upon delivery of the parcel by our third party courier service to the address specified by the customer at the time of checkout. Please note, Top Grip Safety Supplies is not held liable for loss (due to theft) of goods unless signature requested by the client at the checkout.
8. Order Cancellations: Subject to the clause “pricing and availability” once you have placed your order Top Grip Safety Supplies is unable to add, remove or make changes to your order including your delivery details, items, colours, sizes or removing the items from your order. We reserve the right to cancel your order if:
- You provide an unauthorised credit card;
- We are unable to process payment on the credit card provided;
- You have provided invalid personal details;
- If, when required, you cannot provide acceptable proof of identity;
- The product has become unavailable;
- If, for any reason, we don’t reasonably believe we can successfully complete delivery
Our Customer Care Team will attempt to notify you before cancelling your order.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Top Grip Safety Supplies and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect https://topgrip.com.au/’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the homepage. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with https://topgrip.com.au/ and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to topgrip.com.au.
You agree to indemnify, defend and hold harmless https://topgrip.com.au/, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Top Grip Safety Supplies shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and https://topgrip.com.au/. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of https://topgrip.com.au/.