Terms of service

Last updated on 1 August 2025

 

1. Introduction

1.1 This Website is operated by Athleyz. Throughout the website, the terms “we”, “us”, “our” and “Athleyz” refer to Athleyz Pty Ltd. Athleyz offers this website, including all information, tools, Products, and Services available from this website to you, the user and/or purchaser as the case may be, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1.2 By visiting our website, purchasing our Products or using our Services, you agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

1.3 If you do not agree to all the terms and conditions of this agreement, then you may not access the Website, purchase our Products or use any Services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

1.4 Any new features or tools which are added to the website shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website.

1.5 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.

 

2. Online Store Terms

2.1 By agreeing to these Terms & Conditions, 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.

2.2 You may not use our products 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).

2.3 You must not transmit any worms or viruses or any code of a destructive nature.

2.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

3. General Conditions

3.1 We reserve the right to refuse Service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3.2 Credit card information is always encrypted during transfer over networks. 
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.

3.3 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

4. Pricing

4.1 Prices of Products, Services and other charges displayed on this Website are current at the time of issue but may change at any time and are subject to availability.

4.2 All prices are expressed in Australian Dollars unless otherwise stated.

4.3 All prices are inclusive of 10% GST.

4.4 In addition to the price payable, you are responsible for any other taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, Products and Services taxes or any value added tax imposed on any Products acquired or ordered by you from this Website

4.5 We reserve the right to vary its prices, without notice to you, up to the time when final confirmation of the order is given by us.

 

5. Purchase Orders

5.1 You acknowledge that you are acquiring the Products for private use and not for the purpose of re-supply in trade or commerce and warrant that you can make legally binding contracts.

5.2 Any order placed by you on the Websites in the manner described on the Website is an offer by you to purchase particular Products for the price specified (including the delivery costs and other charges and taxes), and in accordance with these Terms and Conditions as are applicable at the time you place your order.

5.3 We reserve the right to accept or reject your offer for any reason, including, without limitation, maximum order sizes, the unavailability of any Products, an error in the price or the description of Products on this Website, or an error in your order.

5.4 You are not entering into a contract with us until we forward the confirmation of receipt of your order and payment.

5.5 Orders accepted by us may not be cancelled or altered in whole or in part by you without prior written consent from us.

5.6 We may decline by notification to you, any order in whole or in part, at any time prior to delivery of the Products. If we do so, we will be under no obligation in respect of the order.

5.7 Payment of any order placed by you on the Website will only be accepted by credit card or PayPal (or such other payment means as may be approved by us from time to time).

5.8 For the avoidance of any doubt, initial payment acceptance does not infer acceptance by us as certain payment methods are subject to financial institution guarantees that can be withdrawn by the financial institution on behalf of authorised user after an online purchase is initiated.

5.9 Payments for orders by credit card will only be accepted by us, if you are the authorised user of the credit card and the registered address of the credit card is the same as the billing address.

5.10 If we determine that it is or may be unable to deliver within a reasonable time, or at all, the contract may be cancelled by us. In the event of cancellation, you shall have no claim against us for any damage, loss, cost or expense whatsoever.

5.11 No purported cancellation or suspension of an order or any part thereof by you is binding on us after that order has been accepted by us.

5.12 Any order placed by a you on the Websites is deemed to be an order incorporating, and being subject to, these Terms and Conditions, unless expressly agreed otherwise by us in writing.

5.13 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.

5.14 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/phone number 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.

5.15 You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. 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.

 

6. Gift Cards

6.1 Gift Cards are available for purchase on our Website in a digital form (emailed to the recipient on order). For security purposes our maximum Gift Card value to purchase online is $300 AUD. If you wish to purchase a higher amount, please contact our customer service team via live chat.

6.2 Our gift cards are valid for use in their country of issue.

6.3 Gift Cards are treated by us as a financial instrument for payment for Products and Services and operate on a deposit/withdrawal system as per industry standard practices. This means that our Gift Cards are provided as a free Service to customers and do not contribute toward the calculation of shipping costs or discounts. Our Gift Cards are not considered as Products or Services with a retail price and therefore:

• They do not include GST;
• They cannot be discounted and are not subject to any discounts.

6.4 Our Gift Cards are valid for 1 year from the date of purchase, which is noted by an expiry date on the card.

6.5 Amounts deposited on to a gift card in Australia are in Australian Dollars (AUD) and can only be redeemed in Australian Dollars (AUD). We cannot accept cancellations on Gift Cards once payment has been processed. Gift cards are not refundable (in part or in full amount paid) or redeemable for cash.

 

7. Delivery

7.1 Orders are normally dispatched within 2 business days of order confirmation, subject to all ordered items being in stock. If any items cannot be fulfilled from your order, we will contact you via email and offer an alternative solution or a refund.

7.2 Orders are delivered by the method of delivery offered by us and selected by you during the order finalisation and confirmation process on the Websites.

7.3 Deliveries within Australia will be carried out by Australia Post and you should allow for approximately 3-5 business days from the date of confirmation of order to delivery of the Products. Allow up to 10 business days during a sale.

7.4 Deliveries outside of Australia will be carried out by Australia Post or DHL. If you can select your address at checkout, we can deliver to you. If your address can not be entered, please provide alternative address details. Please note, our delivery partners are not able to deliver to PO Box addresses outside of Australia, so when placing your order please provide a physical postal address. We recommend international customers check with their countries customs office prior to ordering, with regards to understanding importing costs that may be liable at your destination country. you should allow up to approximately 3 weeks from the date of confirmation of order to delivery of the Products.

7.5 Any time quoted for delivery is an estimate only and we shall not be liable to you or to any other person for any loss or damage howsoever arising as a result or consequence of any failure to deliver or any delay in delivery resulting in the Products arriving later than estimated delivery times.

7.6 You shall not be relieved of any obligation to accept or pay for Products by reason of any delay in delivery.

7.7 Where you request us to deliver Products directly to another person, that person takes possession of the Products for you as your agent, but you remain directly responsible to us under these Terms and Conditions.

7.8 If, due to any act, omission or default by you, we are unable to deliver any Products to you at the time that the Products are due to be delivered, you agree to reimburse us for all reasonable costs incurred by us for storing, securing and insuring the Products until such time as the Products are delivered or re-delivered to you.

7.9 All costs under the above clause will be calculated for the period commencing on the date on which any Products would have been delivered but for your act, omission or default, and finishing on the date on which the Products are subsequently delivered or re-delivered.

7.10 Risk in the Products and all insurance responsibility for theft, damage or otherwise in respect of the Products will pass to you upon despatch of the Products for delivery from the premises of us supplying the Products.

7.11 On receiving the order, you are responsible for inspecting the goods for fault or damage. Should the items ordered not be of acceptable quality, it is your responsibility to notify us, as soon as possible but not later than 7 days. Please see our Returns & Exchange Policy for more information.

7.12 You acknowledge and agree that:

• If the Product has been damaged during transportation for the purposes of Delivery to you, we will replace the Product if you contact us within 7 days of receiving the Product.
• Delivery costs to return the Product to us is your responsibility, unless stated otherwise.

7.13 Incorrect Products - If you receive Products from us other than those you intended to purchase, you have 14 days after delivery of the Products to you to contact us and return the Products so that they may be replaced by the correct Products. If the Products are returned in original packaging and in a resalable condition (ie not worn), we will replace the Products or refund you the purchase price. If the Products are not returned in original packaging and/or not in a resalable condition (ie not worn), it is at our discretion as to whether the Products will be replaced or returned to you without replacement.

7.14 We will not be held responsible for damage caused to Products by misuse or poor care.

 

8. Subcontracting

8.1 We reserve the right to assign its rights and obligations under these Terms and Conditions or subcontract the production, manufacture or supply of the whole or any part of the Products to be supplied. You may not assign its right and obligations under these Terms and Conditions without our prior written consent.

 

9. Errors, inaccuracies and omissions

9.1 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.

9.2 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).

9.3 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.

 

10. Modifications to Products or Services

10.1 Prices for our Products and/or Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Product and/or Service (or any part or content thereof) without notice at any time.

10.2 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products and/or Services.

10.3 We have made every effort to display as accurately as possible the colours and images of our Products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

10.4 We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

10.5 We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Services or Product/Service pricing are subject to change at any time without notice, at the sole discretion of us.

10.6 We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this site is void where prohibited.

10.7 We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

11. Personal information

11.1 Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: www.athleyz.com/pages/privacy-policy.

 

12. Intellectual Property and Copyright

12.1 Athleyz Pty Ltd owns or is the licensee of all copyright, trademark, patent or design rights or confidential information (“Intellectual Property”) in or related to any of the Products.

12.2 You must not copy the Products or permit or arrange for any third party to copy them.

12.3 You must:

• only use any Products for the purposes for which they were designed to be used;
• not reverse engineer any Products; and
• not design or manufacture products that compete with any Products.

12.4 Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use.

12.5 Copyright in the content of this Website (including text, photographs, graphics, logos, icons and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
• commercialise any information, products or services obtained from any part of this Website, without our written permission.

 

13. Thirds Party tools and links

13.1 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.

13.2 We shall have no liability whatsoever arising from or relating to your use of third-party tools. Any use by you of the tools offered through the Website 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).

13.3 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 & Conditions.

13.4 Certain content, Products and Services available via our Service may include content from third-parties. Third-party links on this Website 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 content or websites, or for any other materials, Products, or Services of third-parties.

13.5 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.

 

14. Reviews, user comments, feedback or other submissions

14.1 We publish Product reviews that assist our customers make informed selections on product that are constructive in feedback. We do not publish Product reviews that are abusive, unhelpful or against our values or lifestyle philosophy.

14.2 If you send (with or without a request from us), 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.

14.3 We are and shall be under no obligation (1) to maintain any Product reviews or comments in confidence; (2) to pay compensation for any Product reviews or comments; or (3) to respond to any Product reviews or comments.

14.4 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

14.5 You agree that your Product reviews or 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 Product reviews 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.

14.6 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 Product reviews or comments you make and their accuracy. We take no responsibility and assume no liability for any Product reviews or comments posted by you or any third-party.

 

15. Prohibited uses

15.1 In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Website 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.

15.2 We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.

 

16. Disclaimer of warranties, limitation of liability

16.1 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.

16.2 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.

16.3 You expressly agree that your use of, or inability to use, the Service is at your sole risk.

16.4 The Service and all Products 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.

16.5 In no event shall the Athleyz be liable (whether before or after discharge of the contract or otherwise) for any loss or damage suffered by you or any third party, howsoever caused, including but not limited to special, incidental, indirect, or consequential loss, economic loss, loss of turnover, profits, goodwill or revenue, whether or not any member of the Athleyz Group was aware of or may reasonably have anticipated such losses may be incurred.

16.6 To the fullest extent permitted by law, and in respect of the Websites, in no way shall Athleyz, its officers, employees or agents be liable for any remedy at law or at equity resulting from:

• your use of and access to the Website;
• any errors of content;
• your violation of any third party right, including any copyright, property, or privacy right;
• any viruses, trojan horses or the like which is transmitted through the Websites by a third party;
• any unauthorized access of secure servers which results in access to personal, sensitive and/or financial information stored therein;
• corruption to or loss of data, errors or interruptions or any suspension or discontinuance of the service;
• any breach of your obligations under these Terms and Conditions.

 

17. Indemnification & severability

17.1 You agree to indemnify, defend and hold harmless Athleyz and our parent, subsidiaries, 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 & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

17.2 In the event that any provision of these Terms & Conditions 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 & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

18. Termination

18.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this contract for all purposes.

18.2 These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

18.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this contract 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).

 

19. Waiver

19.1 The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

19.2 These Terms & Conditions and any policies or operating rules posted by us on this Website or in respect to the Products and/or Services constitutes the entire contract and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous contracts, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

19.3 Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

19.4 Failure by us to insist upon strict performance of any term, warranty or condition of the entire contract shall not be deemed as a waiver thereof or of any rights Athleyz may have and no expressed waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.

 

20. Governing law

20.1 You agree that all contracts made with us shall be deemed to be made in the State of New South Wales, Australia and these Terms and Conditions are governed by the laws of State of New South Wales, Australia and the parties unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from these courts.

 

21. Force Majeure

21.1 If the performance of our obligations under these Terms and Conditions is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of us, we will not be liable for any loss or damage suffered by you or any other person and we will give you written notice if the force majeure event has continued unabated for thirty (30) days.

 

22. Changes to terms & conditions

22.1 You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

 

23. Definitions

23.1 “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.

23.2 “Athleyz” means Athleyz Pty Ltd ACN 678 001 093 or any member of the Athleyz Group as the context may require (and any reference to “we”, “us” and “our” is also a reference to Athleyz); and

23.3 “Athleyz Group” means the group of related bodies corporate of Athleyz Pty Ltd which carries on the business of design, importation, marketing and distribution of the Products;

23.4 “Linked Website” means any website accessible from a hyperlink provided on the Websites, either directly or indirectly;

23.5 “you” and “your” are a reference to the Purchaser or a User of the Websites;

23.6 “Products” means the products which Athleyz may be supplied to you pursuant to these Terms and Conditions;

23.7 “Purchaser” shall mean a person, firm, or corporation, jointly and severally if there is more than one, purchasing Products/Services by placing an order on the Websites;

23.8 “Terms and Conditions” shall mean these terms and conditions of sale and use of this Website;

23.9 “Seller” shall mean either Athleyz or such other member of the Athleyz Group which is selling the Products/Services as the case may be;

23.10 “Services” means the services which Athleyz may be provided to you pursuant to these Terms and Conditions;

23.11 “User” means any person who accesses the Websites.

23.12 “Website(s)” mean www.athleyz.com, www.athleyz.com.au, www.athleyz.net.au, www.athleyz.co.uk, and www.athleyz.co.nz. These terms and conditions apply to these websites and associated partners websites (“Websites”).

 

24. Notices

24.1 Any notice to be given by you to us shall be sent to our address that appears on this Website, or as otherwise notified to you by us. No notice shall be deemed to be given until it is actually received at such address.

24.2 Questions about the Terms & Conditions should be sent to us at support@athleyz.com.

24.3 Our address information is: 
Athleyz Pty Ltd
41 Cronulla Street, Suite 477
Cronulla, NSW, 2230
Australia