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These Terms and Conditions of Supply (Terms) are between Active Outthere PTY LTD (we, us or our) and you, the customer (you or your).
By placing an order through www.gritscooters.com.au (Website), you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not place an order.
We may amend these Terms from time to time and will take reasonable steps to bring any material changes to your attention such as by posting amendments on our Website. We recommend that you review our Website from time to time and by continuing to use our Website and purchasing Goods from us, you agree to be bound by our amended Terms. If you do not agree to any amended terms, you should cease using our Website and ordering Goods from us.
These Terms incorporate, and should be read together with, our Shipping and Delivery Policy, Returns and Refunds Policy, Warranty Policy, Privacy Policy and Website Terms of Use as made available on our Website (collectively, the Policies). The Policies form part of these Terms. Where there is an inconsistency between the body of these Terms and a Policy, the Policy on our Website will prevail to the extent of the inconsistency.
Where Goods are delivered by us (including through our trusted delivery service providers):
Some Goods contain lithium-ion batteries (including, without limitation, certain helmets with integrated LED lights, and e-scooters and their batteries). Lithium battery Goods may be subject to carrier restrictions including, without limitation, restrictions on Express Post and on shipment to certain destinations. Where a carrier restriction prevents us from shipping a particular Good to your nominated address, we will contact you as soon as practicable to discuss alternatives or refund the Order.
We do not offer exchanges. If you wish to exchange a product, you may return it in accordance with clause 7.2 and place a new Order for the replacement product.
Due to health and hygiene standards, we do not accept change of mind returns on helmets. Please use our size guide carefully and, if you are unsure, please contact us before ordering. This exclusion does not affect your rights in respect of a defective helmet (see clause 9) or your rights under the Australian Consumer Law.
If your Order has been dispatched, a delivery attempt has failed because you were not available to accept delivery, the Order is awaiting collection at a local post office, and you then instruct a return to sender, the return will be treated as a change of mind return under clauses 7.2a)-7.2e) (including as to return shipping costs). This treatment does not apply where the delivery failure is attributable to an error by the carrier or where you had no reasonable opportunity to collect the Order.
You must use a tracked shipping service for all change of mind returns and provide us with the tracking number by email. We are not responsible for returns that are lost in transit and will not issue a refund for Goods we have not received.
The Manufacturer Warranty does not cover:
These Terms, together with the Policies and any Order Confirmation, constitute the entire agreement between you and us in relation to the supply of the Goods and supersede all prior negotiations, representations and agreements.
We may amend these Terms and the Policies at any time by publishing updated terms on the Website. The amended terms will apply to Orders placed after the date of publication. We will not retrospectively apply amended terms to a pre-existing Order.
You may not assign, transfer or novate your rights or obligations under these Terms without our prior written consent. We may assign, transfer or novate our rights or obligations under these Terms without your consent, provided that the assignee agrees to be bound by these Terms (including in respect of any existing Orders) and we give you written notice of the assignment.
We will not be liable for any failure or delay in performing our obligations under these Terms or otherwise be liable to you for any unavailability or failure of our Website or Goods, where such failure or delay results from any cause that is beyond our reasonable control, including without limitation natural disasters, pandemic, governmental action, strikes, postal or courier delays or disruption to supply chains (Force Majeure Event). If a Force Majeure Event continues for more than 30 days, either party may terminate the affected Order by written notice.
These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts.
If any provision of these Terms is found to be unenforceable, illegal or void, that provision is severed and the remaining provisions continue in full force and effect.
A failure or delay by us in exercising any right or remedy under these Terms does not operate as a waiver of that right or remedy.
Clauses 4 (Title and Risk), 8 (Australian Consumer Law), 9 (Manufacturer Warranty), 10 (Product Safety and Use), 12 (Privacy), 13 (Limitation of Liability), 14 (Indemnity), 15 (Complaints and Dispute Resolution) and this clause 16 survive the completion, expiration or termination of any Order.
Notices to us under these Terms should be sent to the contact details available on our Website. Notices to you will be sent to the email address you provided with your Order.
Active Outthere Pty Ltd (ABN 84 137 261 922) (we, us or our) understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you.
The information we collect
Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
The types of personal information we may collect about you include:
How we collect personal information
We collect personal information in a variety of ways, including:
Why we collect, hold, use and disclose personal information
Personal information: We collect, hold, use and disclose your personal information for the following purposes:
Our disclosures of personal information to third parties
Personal information: We will only disclose your personal information to third parties where it is necessary as part of our business, where we have your consent, or where permitted by law. This means that we may disclose personal information to:
Google Analytics: We may use Google Analytics Advertising Features. We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together. These cookies and identifiers may collect Technical and Usage Data about you.
You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.
To find out how Google uses data when you use third party websites or applications, please see here.
Overseas disclosure
We store your personal information in Australia. Where we disclose your personal information to third parties, those third parties may store, transfer or access personal information outside of Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.
Your rights and controlling your personal information
Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.
Cookies
We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
Links to other websites
Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact us at:
