Terms & Conditions
These Terms and Conditions apply to the use of all websites belonging to the Premier Sports Supplies group (including the LTP brand).
If you want to use the Websites, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Websites.
Your use of the Websites constitutes your agreement to the Terms and Conditions.
THE PARTIES AGREE as follows:
1.1 In these Terms and Conditions:
- we use the terms “Premier Sports Supplies”, “PSS”, “LTP”, “we”, “us” and “our” as a reference to the Premier Sports Supplies company, and any brand operated by our company; and
- the terms “you” and “your” are a reference to the Purchaser or a User of our Websites, namely ‘You’
- “Goods” means goods, which Premier Sports Supplies may cause to be supplied by a member of the PSS Group to you pursuant to these Terms and Conditions;
- “GST”, “VAT”, etc means any tax imposed on the supply of any goods, services, real or personal property or other things or similar tax under any applicable tax law in the territory which receives an order to purchase Goods;
- “Linked Website” means any website accessible from a hyperlink provided on the Websites, either directly or indirectly;
- “Purchaser” shall mean a person, firm, or corporation, jointly and severally if there is more than one, acquiring Goods by placing an order on the Websites;
- “Terms and Conditions” shall mean these terms and conditions of sale and use of this Website;
- “User” means any person who accesses this Website
1.2 Any order placed by a Purchaser on the Websites is deemed to be an order incorporating these Terms and Conditions notwithstanding any inconsistencies, which may be introduced in the Purchaser’s order or acceptance unless expressly agreed by the Seller in writing
2. Amendments To Terms & Conditions
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Websites. Your continued use of the Websites following such notification will represent an agreement by you to be bound by the Terms and Conditions, as amended.
3.1 Any order placed by you on the Websites in the manner described in the Website is an offer by you to purchase particular Goods for the price (including the delivery costs and other charges and taxes) specified in this Website on these Terms and Conditions at the time you place your order
3.2 The Seller reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any Goods, an error in the price or the description of Goods on this Website, or an error in your order
3.3 You are not entering into a contract with the Seller until the Seller forwards confirmation of receipt of your order and payment
3.4 Orders accepted by the Seller may not be cancelled or altered in whole or in part by you without prior written consent from the Seller
3.5 the Seller may decline by written notice to the Purchaser, any order in whole or in part, at any time prior to delivery of the Goods in which case the Seller will be under no obligation in respect of the order
4.1 Prices of Goods and delivery 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 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, goods and services taxes or any value added tax imposed on any Goods acquired or ordered by you from this Website
4.3 You must arrange and pay for all costs associated with the carriage and insurance of the Goods from the Seller’s nominated collection address
4.4 The Seller reserves the right to vary its prices, without notice to the Purchaser, up to the time when final confirmation of the order is given by the Seller
5.1 Orders are delivered by the method of delivery offered by the Seller and selected by you during the Checkout steps on the Websites
5.2 Any time quoted for delivery is an estimate only and the Seller 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 delay in delivery
5.3 You shall not be relieved of any obligation to accept or pay for Goods by reason of any delay in delivery
5.4 Where you request the Seller to deliver Goods directly to another person, that person takes possession of the Goods for you as your agent, but you remain directly responsible to the Seller under these Terms and Conditions
6. Inability To Deliver Due To Purchaser
6.1 If, due to any act, omission or default by the Purchaser, the Seller is unable to deliver any Goods to you at the time that the Goods are due to be delivered, you agree to reimburse the Seller for all reasonable costs incurred by Premier Sports Supplies for storing, securing and insuring the Goods until such time as the Goods are delivered or re-delivered to the Purchaser
6.2 All costs under the above clause will be calculated for the period commencing on the date on which any Goods would have been delivered but for the Purchaser’s act, omission or default, and finishing on the date on which the Goods are subsequently delivered or re-delivered
7. Cancellation of Orders
7.1 If the Seller determines that it is or may be unable to deliver within a reasonable time, or at all, the contract may be cancelled by the Seller. In the event of cancellation you shall have no claim against the Seller for any damage, loss, cost or expense whatsoever
7.2 No purported cancellation or suspension of an order or any part thereof by you is binding on the Seller after that order has been accepted by the Seller
Risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods will pass to you upon presentation of the Goods for delivery at the premises of the Seller supplying the Goods.
9. Warranty Claims & Returns
DO NOT UNDER ANY CIRCUMSTANCES SEND THE GOODS BACK TO US WITHOUT NOTICE. PREMIER SPORTS SUPPLIES ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR GOODS THAT ARE SENT BACK BY THE PURCHASER AND ARE LOST OR STOLEN BEFORE ARRIVING
9.1 Incorrect Goods (Shipment Contents Error)
- If you receive goods from Premier Sports Supplies that does not reflect your order, you have fourteen (14) days after delivery of the Goods to you to contact the Seller via email to discuss return arrangements.
- The Seller will ask you to provide a brief description of the fault or problem with the goods.
- The Seller’s Customer Service Representative will supply you with information on how to return the Goods to the Seller
- Once you have been supplied with instructions on how to return the goods, you are obligated to return the Goods to the Seller within fourteen (14) days
- If the Goods are returned in original packaging and in a resalable condition (ie not worn or used), the Seller will replace the Goods or refund you the purchase price of them at the Seller’s discretion
- If the Goods are not returned in original packaging and/or not in a resalable condition (ie not worn), it is at the Seller’s discretion as to whether the products will be replaced or returned to you without replacement.
9.2 Faulty Goods (Warranty Return)
- Goods purchased from the Premier Sports Supplies website are covered by the product warranty offered by the brand manufacturer. It is the Purchasers responsibility to check the warranty offered on the brand of interest prior to purchase.
- LTP cricket bats offer a 3 month warranty on their handles. Each case will be assessed individually at the discretion of LTP & PSS. Items that are deemed faulty through reasons of misuse or neglectful care will not be replaced, repaired, or compensated in any way.
- The Seller will ask you to provide a brief description of the fault with the Goods
- Once a record of purchase has been identified, PSS will lodge the claim with the appropriate manufacturer on your behalf.
- The Seller will ask you to provide sufficient contact details to enable a shipment of a replacement product to you, should one be required
- The Seller’s Customer Service Representative will supply you with information on how to return the Goods to the Seller
- Once instructions have been issued, you are obligated to return the Goods to the Seller within fourteen (14) days
- If the Goods are found to be faulty or contain a manufacturing fault and your purchase was through a PSS or LTP website, you will be provided with a replacement item free of charge or the price you paid for the goods will be refunded to you in full, at the Seller's discretion. You will not incur any charge for the delivery of replacement goods to you.
- If the Goods are found not to be faulty or contain a manufacturing fault, you will be notified in writing by a Customer Service Representative who will advise you of the manufacturer’s decision. In these circumstances, the Goods will be returned to you.
9.6 The Seller will not be held responsible for damage caused to Goods by misuse or poor care
9.7 If you are returning Goods from an International location, please ensure that you clearly mark on the customs declaration that the Goods contained in the package are “Returns” to the seller to prevent the package incurring customs charges. If the Goods are not marked as “Returns” and the Seller incurs a customs charge, the Seller may refuse to accept delivery of the Goods unless the cost is met by you.
10. Intellectual Property Rights in Goods
10.1 Premier Sports Supplies owns or is the licensee of all copyright, trade mark, patent or design rights or confidential information (“Intellectual Property”) in or related to any of the LTP branded products.
10.2 You must not copy the Goods or permit or arrange for any third party to copy them
10.3 You must:
- only use any Goods for the purposes for which they were designed to be used;
- not reverse engineer any Goods; and
- not design or manufacture products that compete with any Goods
11. Disclaimer, Implied Terms, Warranty And Returns
11.1 It is hereby acknowledged by the Seller that, under applicable State, Territory and National law, certain conditions and warranties may be implied in the contract between the Seller and you and rights and remedies conferred upon you and other parties in relation to Goods which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). The limitations below are subject to these Non-excludable Rights
11.2 Subject to clause 11.1, the Seller disclaims all conditions and warranties whether express or implied, and the rights and remedies conferred upon the Purchaser, or other parties by statute, common law equity, trade custom or usage or otherwise, and all such conditions and warranties, rights and remedies are hereby expressly excluded other than any Non-excludable Rights
11.3 Where so permitted, the liability of the Seller for a breach of a Non-excludable Right is limited, in the Sellers’ absolute discretion, to:
- the repair of the Goods;
- the replacement of the Goods or the supply of equivalent Goods;
- the payment of the cost of having the Goods repaired; or
- the cost of replacing the Goods or of acquiring equivalent goods
12. Indirect Loss
Subject to clause 11.1, in no event shall the Skins Group 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 Premier Sports Supplies was aware of or may reasonably have anticipated such losses may be incurred.
You agree that your use of the Website shall be at your sole risk
To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded
We make no warranties or representations about the accuracy or completeness of the content or opinions expressed on the Website or the content of any Linked Website and assume no liability or responsibility for any of the following, or for any claims, demands, losses, costs or expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, economic loss or damage to reputation whatsoever, resulting from any:
- errors, mistakes or inaccuracies of material or information on the Website;
- personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website;
- any unauthorised access to or use of our secure servers and/or any and all personal information and or financial information stored therein;
- any interruption or cessation of transmission to or from the Website;
- any bugs, viruses, or the like, which may be transmitted to or through the Website by any third party;
- any errors or omissions in any material or information or for any loss or damage of any kind incurred as a result of your use of any material or information posted, emailed, transmitted or otherwise made available on the Website; and/or
- any errors or omissions in any content or for any loss or damage or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available on the Website
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless, us, our officers, directors, employees, contractors, agents or related bodies corporate for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from:
- your use of and access to the Website; and
- any breach of your obligations under these Terms and Conditions
Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use
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
- commercialism any information, products or services obtained from any part of this Website, without our written permission
Failure by Premier Sports Supplie to insist upon strict performance of any term, warranty or condition of the contract shall not be deemed as a waiver thereof or of any rights PSS or any member of the PSS Group may have and no expressed waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.
17. Purchaser's Acknowledgement
- You acknowledge that you are acquiring the Goods for private use and not for the purpose of re-supply in trade or commerce and warrant that you can make legally binding contracts
- You acknowledge that neither the PSS Group nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in writing whether as to the fitness of the Goods for any particular purpose or any other matter. In particular, you acknowledge that it does not rely on the skill and judgment of the PSS Group in supplying Goods which are fit for a particular purpose, and that it will ensure that any Goods supplied to it by the PSS Group are in accordance with its order
- Any description of the Goods contained on this Website is approximate only and is given by way of identification only and the use of such description shall not constitute the contract a sale by description. You cannot claim against the PSS Group for any deviation
- Goods are not available via this Website to persons under the age of 18 years or any other persons who are legally prohibited from entering into binding contracts
- Except for any warranty or representation made expressly in writing by us, you hereby acknowledge that you have not relied on any advice given, or representation made by us, or on our behalf in connection with the Goods
- We shall not be liable for any failure of telecommunications services or systems which affect our receipt of information from you
- You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any Linked Website
- We do not accept liability for any loss or damage arising directly or indirectly as a result of a failure to provide the Website, corruption to or loss of data, errors or interruptions or any suspension or discontinuance of the service
- Whilst we have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Website updated. We do not accept liability for loss or damage resulting from any action taken or reliance made by you on any material or information obtained through the Website
- If you download any material from the Website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material
- You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material
- Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement
- No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk
- You agree not to use, launch or install, or use or launch any program whatsoever which masks the identity of the user or which may inturn use, launch or install any malicious software, badware, malware, deceptive adware or the like which may amongst other things delete data on the computers of users, steal personal information such as passwords, credit card numbers, alter search results, track the moves of users and/or feed such information back to third parties
- You agree not to use or launch any automated system, including without limitation, “robots”, “spiders” and “offline readers” that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web-browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communications systems provided by the Website for any solicitation purposes. You agree not to solicit, for commercial purposes any users with respect to their submissions
18. Linked Websites
This Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained
We are not responsible for the content or privacy practices associated with Linked Websites
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or websites referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
Any provision of these terms, which is invalid or unenforceable in any jurisdiction, is to be read down, if possible, so as to be valid and enforceable. The read down provision will apply only in the relevant jurisdiction. If the provision cannot be read down, and it can be severed to the extent of the invalidity or unenforceable, then it will be severed. The remaining provisions of these terms, and the validity or enforce ability of that provision in any other jurisdiction, will not be affected.
21. Governing Law
Contracts shall be governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts, which may hear appeals from these courts.
22. To Return To The Website
To return to the Website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Terms and Conditions.