Terms of service
Terms of Service
1. About these terms
These Terms of Service apply when you visit bawlr.com.au, create an account or purchase products from BAWLR. The website and online store are operated by BAWLR Basketball Streetwear, ABN 49 786 812 570 (“BAWLR”, “we”, “us” or “our”).
By using the website or placing an order, you agree to these terms. If you do not agree, please do not use the website or purchase through it.
Our Privacy Policy, Returns and Refund Policy and Shipping Policy also apply and form part of these terms.
2. Eligibility and account information
You must be legally capable of entering into a binding agreement, or use the website with the involvement and permission of a parent or legal guardian.
You agree to provide current, complete and accurate information when ordering or creating an account. You are responsible for keeping your account credentials secure and for activity occurring through your account, except to the extent caused by us.
3. Products and availability
We aim to display product descriptions, colours, images, sizing and other information accurately. Colours and appearance may vary slightly depending on lighting, photography and the screen used to view the website.
Products are subject to availability. We may limit quantities or discontinue a product, but we will not alter an accepted order without contacting you where the change would materially affect the order.
4. Pricing and payment
Prices are shown in the currency displayed on the website and include applicable Australian GST where required, unless stated otherwise. Shipping charges and any other applicable costs will be shown at checkout before payment.
You authorise us and our payment providers to charge the payment method selected at checkout for the total order amount.
If a genuine pricing or product-information error is discovered before dispatch, we will contact you. You may confirm the order at the correct price or cancel it for a full refund. We will not charge an increased price without your agreement.
5. Orders
Submitting an order is an offer to purchase the selected products. An automated order confirmation acknowledges receipt but does not necessarily mean the order has been accepted. Acceptance occurs when we confirm fulfilment or dispatch, subject to applicable law.
We may refuse or cancel an order for reasonable grounds, including unavailable stock, suspected fraud, an obvious pricing error, delivery restrictions or a breach of these terms. If we cancel an order after payment, we will refund the amount paid for the cancelled item or order.
6. Shipping, returns and refunds
Dispatch, delivery, tracking, international charges and delays are addressed in our Shipping Policy. Change-of-mind returns, exchanges, refunds and faulty products are addressed in our Returns and Refund Policy.
Our voluntary return arrangements do not exclude, restrict or modify rights or remedies that cannot lawfully be excluded, including rights under the Australian Consumer Law.
7. Promotions and discount codes
Promotions and discount codes may be subject to additional stated conditions, validity periods and exclusions. Unless stated otherwise, discount codes cannot be combined, exchanged for cash or applied retrospectively.
We may cancel or correct a promotion affected by fraud, misuse or a clear technical error, subject to applicable law.
8. Intellectual property
The website and its content—including the BAWLR name and branding, logos, graphics, photographs, product designs, text, video and layout—are owned by or licensed to BAWLR and are protected by applicable intellectual-property laws.
You may view and use the website for personal, non-commercial shopping purposes. You must not reproduce, distribute, modify, sell, exploit or create derivative works from our content without prior written permission, except where the law permits.
9. Acceptable use
You must not use the website:
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for unlawful, fraudulent or harmful activity;
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to infringe another person’s rights;
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to transmit malicious code or interfere with the website’s security or operation;
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to scrape, harvest or collect data without permission; or
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to impersonate another person or submit false information.
We may restrict access where reasonably necessary to protect customers, BAWLR or the website, subject to applicable law.
10. Reviews and submitted content
If you submit a review, photograph, comment or other content, you confirm that you have the right to do so and that the content is accurate, lawful and does not infringe another person’s rights.
You grant BAWLR a non-exclusive, worldwide, royalty-free licence to display, reproduce and adapt that content for operating and promoting BAWLR, unless otherwise agreed. You retain ownership of your content. We may moderate or remove content that is unlawful, misleading, offensive or unrelated.
11. Third-party services and links
The website may use or link to services operated by third parties, including payment, delivery and social-media providers. Those services may have their own terms and privacy practices. We are not responsible for third-party websites or services outside our control, but this does not limit any responsibility that cannot lawfully be excluded.
12. Website availability
We aim to keep the website accurate, secure and available, but temporary interruptions, errors or maintenance may occur. To the extent permitted by law, we do not guarantee uninterrupted or error-free access.
13. Consumer rights and liability
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded.
To the extent permitted by law, BAWLR is not liable for indirect or consequential loss that was not reasonably foreseeable. Any limitation in these terms applies only to the maximum extent permitted by law and does not apply where liability cannot legally be limited.
14. Privacy
Our Privacy Policy explains how personal information is collected, used and disclosed. By using the website, you acknowledge that you have read that policy.
15. Changes to these terms
We may update these terms to reflect changes to our services, business practices or legal obligations. Updated terms will be posted on the website with a revised effective date. Changes will not retrospectively alter an order already accepted unless required by law or agreed with you.
16. Governing law
These terms are governed by the laws of New South Wales, Australia. You and BAWLR submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from them.
17. General
If part of these terms is found to be invalid or unenforceable, the remaining provisions continue to apply. A delay in enforcing a right does not waive that right.
18. Contact
Questions about these terms can be sent to:
BAWLR Basketball Streetwear
ABN 49 786 812 570
Email: info@bawlr.com.au