- Legal agreement
All orders are accepted according to the legal terms and conditions below, which apply to any order and to any agreement entered into between you and us is limited to the terms of business set out in this document. By ordering an item from Seight Sports, you will expressly agree to these terms and conditions. Seight Sports may amend these terms and conditions at any time, and any such amendment will be effective immediately.
- Purchase of Products
Purchase of Stock Items
2.1. “Stock Items” are standard retail or ‘off-the-shelf’ products that are produced and supplied by Seight Sports without any changes being made to meet the individual or specific requirements of the Customer.
2.2. By using the Seight Sports website to order Stock Items, the Customer submits an offer to purchase the products ordered at the price stated on the website by clicking the button “ Place Order”. An order cannot be withdrawn after it has been submitted. Until such time as the ‘Place Order” button is clicked, you can make changes or withdraw from the process.
2.3. Seight Sports will send by email an acknowledgement of receipt of an order for Stock Items submitted by you as soon as possible after receipt. If you do not receive such an acknowledgement within 2 business days please contact us again.
2.4. The order submitted by the Customer in accordance with clause 2.2 above is accepted, thereby constituting a binding contract, when Seight Sports notifies you by email that it accepts your order or when the products ordered have been supplied, whichever is the earlier.
Purchase of Custom Products
2.5. “Custom Products” are products which a Customer has ordered which need to be custom-made to meet the particular requirements of the Customer (such as the specific design, wording, colour, use of logos, etc). Custom Products do not include Stock Items.
2.6. Seight Sports will contact you to discuss the specifications of your Custom Products and provide a quote. After this time Seight Sports’ design team will begin working on the details of your Custom Products and will be in touch throughout the process to ensure that your requirements are met.
2.7. Seight Sports’ logo will appear on in one or more places on all Custom Products in the placements suggested, but not limited to the below:
–one or more externally visible Seight Sports logo(s) and/or text
– one or more externally sewn on and visible Seight Sports labels containing a logo and/or text
– one or more internally sewn-in labels with the Seight Sports logo and/or lettering
– one sewn-in washing label with the Seight Sports logo and/or text
In addition to the above, Seight Sports reserves the right to brand any materials or textiles (e.g. rubber or zip fasteners) with its own logo and/or text.
2.8. The Customer warrants that they solely own or have the permission of the registered owner to use any logos in the garment designs.
2.9. Once designs have been finalised and agreed, the Customer must approve and sign off on designs and order quantities before we commence manufacturing. Any delay in such sign off may result in a delay in the supply of the Custom Product. Once approved, Custom Product orders will be put into production and cannot be changed or refunded.
2.10 When you approve your order for a Custom Product you are also approving the colours. If precise matching of colours is required, we recommend that you request a sample of printed fabric before the final approval. There is a standard item charge for this service.
2.11. After receipt of an order for a Custom Product, Seight Sports will send by email an acknowledgement of receipt of the order. If you do not receive such an acknowledgement within 2 business days, please contact us again. A binding contract to sell and purchase the Custom Products is constituted once the order has been confirmed or when the Custom Products ordered are supplied or when paying in advance for the order’s value in full is received by Seight Sports, whichever is the earlier.
2.12. If any changes are required by you to your Custom Products (including design and order quantities), you must notify us by email as soon as possible. Once manufacture has started it may not be possible to make changes to your Custom Products and may incur additional charges which Seight Sports will pass on to you.
2.13. All sales are final. Seight Sports is not responsible for any replacement or refund once orders have been placed, except where warranty claims arise (see Clause 8 below).
2.14. Where design work has been undertaken by Seight Sports for your Custom Products and no order is placed, Seight Sports reserves a right to charge a one off design fee of a minimum $300, depending on the complexity of the work undertaken.
2.15. Cancellation of Custom Product orders after production has started will forfeit all payments already made to Seight Sports and you will be billed for any outstanding balances. Where production of your Custom Products has not yet started a design and handling fee of 50% of the order total will be payable upon cancellation.
2.16. Seight Sports retains the copyright and right of ownership to all material and documents prepared or produced relating to your Custom Product order including, by way of example, all illustrations, drawings, artwork, designs and calculations (collectively referred to as “Design Documentation”) whether copies are provided to you or not and whether or not any Design Documentation is specified as confidential. Without limiting the generality of the foregoing, this means that you cannot use any of our Design Documentation, or any part thereof without our prior written consent and are expressly prohibited from using the Design Documentation to get a product produced by another manufacturer or supplier. This also means that you cannot provide copies of any such Design Documents to any third parties without our prior written consent.
2.17. Seight Sports reserves the rights to use any Custom Product or images of Custom Products you have ordered for the promotion and advertising purposes of its business. Without limiting the generality of the foregoing, Seight Sports has the right to display any such Custom Product on the website of any company in the Seight Sports group of companies, in online or printed catalogues, advertisements, exhibitions and anywhere Seight Sports carries out promotional activities. Seight Sports reserves the right to use your name and any comments made by you, or one of your employees, about our Custom Products in promotional activities but will respect your wishes if you request us by email to refrain from doing so. Any Custom Products produced pursuant to an order submitted by you which are not actually supplied to you for any reason may be used by us for promotional or other activities.
- Costs, shipping and GST
3.1. Quotes are valid for 30 days and may be revised if an order is not placed within 30 days of the quote being issued to the Customer.
3.2. Prices quoted by Seight Sports will state whether the quotation includes or excludes Goods and Services Tax (“GST”) payable to the Australian Taxation Office and Seight Sports reserve the right to amend the quotation before we accept an order in line with changes to GST or other taxes which may be imposed.
3.3. Prices are subject to change without notice.
3.4. Shipping of the products will be shown as a separate item on the quotation and also on the invoice. The shipping component of the total cost depends partly on the quantity of products to be supplied and partly on the address to which the products will be shipped.
3.5. The Customer is responsible for any taxes, duties or other liabilities imposed by any governmental agency on any product or services provided to the Customer by Seight Sports.
- Payment
4.1. Payment must be made upfront and may be made credit card or bank transfer. Until such time as the credit card issuer has authorised payment of the total amount by credit card, or funds have been cleared in Seight Sport’s bank account, there is no obligation on Seight Sports to produce or supply any products.
4.2 Seight Sports reserves the right to sell or destroy items that are rejected by the Customer or that have not been paid for within 60 days of manufacuture.
- Delivery Conditions and Partial Delivery Provisions
5.1. An estimate of the likely time for delivery will be provided by us in the design phase for your Custom Product order. Delivery times are subject to the current production schedule and can vary from 2 to 8 weeks depending on factors including the delivery address and the time of year. In the case of Stock Items, shipping will occur will usually occur within 48 hours from the date of the order being confirmed. Any items ordered on a ‘Pre-Order’ basis will be shipped within the time frame specified at time of order. Please note that delivery may be delayed further if there is any delay in receipt of payment and orders will only be shipped once they have been paid for in full.
5.2. If all the items ordered are not available for shipping at the time when dispatch of those products would normally be expected, we are happy to make a partial delivery if a reasonable quantity of products is available, at our own expense.
- Ownership of products
6.1. Title (ownership) to any Custom Products manufactured to fulfil your order is retained by Seight Sports until payment is received by us in cleared funds or completion of manufacture, whichever is the later. When title or ownership is transferred to you, the risk is also transferred to you.
6.2. In the event that any products are delivered to the delivery address prior to the receipt of payment, notwithstanding the provisions of clause 6.1, the risk will pass to you at the time of delivery.
- Supply and return of samples
7.1. We are happy to provide samples to demonstrate the quality of our products and assist for sizing purposes. Any sample provided remains the property of Seight Sports and it must be returned to us at your expense upon request or by the date agreed, whichever is the earlier. It is the customer’s responsibility to ensure that samples are returned in good condition. Any samples not returned within the time frames provided or where there is damage or loss of a sample, it will be deemed purchased and Seight Sports will raise an invoice for the appropriate costs.
- Quality and warranty
8.1. Seight Sports takes pride in the quality of its materials and workmanship but variations are unavoidable in relation to the manufacture of the products we supply, including but not limited to colour, tone, material, quality and weight due to the limitations of the fabrics used.
8.2. Notwithstanding the unavoidability of minor variations, it is our policy to do our best to ensure that every customer is happy; if the quality of our items does not meet your expectations, we will either repair the item, replace the items or give a full refund, at our discretion.
8.3. All items come with a one year warranty against manufacturers defects. The manufacturer reserves the right to repair or replace a defective item
8.4. Seight Sports will honour every warranty which applies to a product whether express or implied. It is a strict condition of making a warranty claim that you notify us by email immediately when you become aware of any problem and provide details, including a photograph if requested, of the problem which you believe justifies a warranty claim.
- Limitation of Liability
If Seight Sports fails to supply products in accordance with the approved designs and colour proofs or if we have otherwise breached a warranty, we will replace the defective products with new products but we are not responsible for any indirect or consequential damages.
- IP Rights
10.1. For the purpose of this clause 10, “IP Rights” refers to rights to such things as logos, motifs, trademarks, designs and any other intellectual property rights relating to material or information provided by you for use or inclusion by Seight Sports in a product or products ordered by you.
10.2. The Customer warrants that they are the owner of all IP Rights and that the use by Seight Sports of any material or information provided by the Customer in the design and production of a product or products ordered will not breach the intellectual property or other rights of any third party.
10.3. If clause 10.2 is breached by the Customer, you agree to indemnify and keep indemnified Seight Sports from any and all claims made against Seight Sports in relation to or arising out of any such breach
10.4. Seight Sports reserves the right in its absolute discretion to decline to produce any product which contains a contribution or request made by you which may constitute a breach of privacy, an infringement of the rights of any third party or which is undesirable in one of more other ways such as, by way of example and not limitation, that it may contain pornographic material, constitute propaganda or incite any form of unlawful action. Declining to produce a product in such circumstances does not constitute a breach of the agreement by Seight Sports.
10.5. An order placed on behalf of any form of association, including by way of example and not limitation a team or club, must comply with laws or regulations which regulate the association and any rules or guidelines issued by the association. We cannot accept any responsibility for products produced by us which do not comply with any such laws, rules, regulations or guidelines.
- General Clauses
12.1. Entire Agreement
These terms in conjunction with your order and our acceptance constitute the whole agreement between the Customer (you) and Seight Sports (us). This means that you are entering into this agreement without reliance on any statement, representation or claim which may have been made by or on behalf of Seight Sports which is not set out in these terms, our website, a brochure or advertisement published by us, your order or our acceptance of your order. If you are relying on any such statement, representation or claim, it is an essential condition of the agreement that the Customer must have disclosed what you are relying upon in writing prior to our acceptance of your order.
12.2. Force Majeure
Neither party shall be liable for any loss or damage if its failure to perform in accordance with the terms of our agreement results from any event or circumstance beyond its reasonable control, including, without limitation, any natural disaster, fire, flood, earthquake, or other Act of God; pandemic, strike or other industrial dispute; war or rebellion; or compliance with any law, regulation, or order (whether valid or invalid) of any governmental body which comes into effect after the date of acceptance of your order. In order to rely upon any such event, the party wishing to rely upon it shall, as soon as possible after the event, notify the other party in writing and advise the consequences of the event (such as the likely length of any delay).
12.3. Privacy and Security
Seight Sports collects customer information in an effort to improve our customers’ shopping experience. Seight Sports recognises that it must maintain and use customer information responsibly. We may use customer information for marketing and promotional purposes across the Seight Sports group of companies. We do not sell or give online customer information to any outside company or third party.
12.4. Hacked information
The Customer agrees not to hold Seight Sports responsible if any information about you is obtained by a third-party (e.g. by a hacker) without authorisation from information submitted via our website or by email whether that information is obtained directly from the electronic communication or from information subsequently stored by Seight Sports.
12.5. Interpretation and definitions
In this Agreement, unless the context otherwise requires: “You”, “your” or “customer” means the company or association named on the order submitted to us; “Seight Sports”, “our”, “we” or “us” means Seight Sports Pty Ltd ABN 38 126 710 137 of 9 Water Streeet Annandale, NSW 2038 “terms” means the terms and conditions set out herein; headings and bold emphasis are for convenience only and do not affect the interpretation of these terms
12.6. Law and Jurisdiction
This Agreement is governed by the law in force in New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.
12.7. Time
Time estimates are provided as guidelines and do not constitute an essential term of the agreement between you and us.