Terms & Conditions
TERMS & CONDITIONS
The website www.russellathletic.com.au (Site) is owned by DESIGNWORKS CLOTHING COMPANY PTY LIMITED ABN 35 117 343 807 (Russell Athletic).
LAWS AND ENTIRE AGREEMENT
The terms on this Site replace all previous representations, arrangements, understandings and agreements between you and Russell Athletic relating to its subject matter and contain the entire agreement between you and Russell Athletic relating to that subject matter.
The content available on the Site is provided on an "as is" basis. Russell Athletic does not represent that the information contained in the Site is accurate, comprehensive, verified, complete or error free. Russell Athletic will attempt to keep the content on the Site up to date.
The content on the Site is liable to change at any time.
Russell Athletic does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Site or any linked website.
The inclusion of a link to another website does not imply that Russell Athletic endorses the linked website, and use of any such link is at your own risk. Russell Athletic does not accept any responsibility or liability for any claims arising out of your use of any such link or of the content on any such website.
The copyright in the content on the Site is owned or licensed to Russell Athletic. All rights are reserved.
Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or similar legislation which applies in your location, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or
(b) commercialise any information, products or services obtained from any part of the Site, unless expressly authorised in writing by Russell Athletic.
Russell Athletic ™, Russell Performance™, RA Tech™, Russell ™, R™ and RR™ are trademarks of Russell Corp. Australia Pty Ltd and used under licence by Russell Athletic. All rights are reserved. You must not copy or use those trademarks, unless expressly authorised in writing by Russell Athletic.
SHOP ONLINE TERMS OF TRADE
By listing Products for sale on the Site, Russell Athletic is inviting you to do business with Russell Athletic but is not offering to supply any particular Product.
Any order placed by you in the manner described in this Site is an offer by you to purchase a particular Product for the price (including the delivery and other charges) specified on this Site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the Product ordered unless you ask Russell Athletic to cancel that order, and Russell Athletic sends you written confirmation of the cancellation prior to the Product being dispatched to you.
Russell Athletic may change the prices published on this Site at any time. While every effort has been made to ensure the accuracy of prices and information displayed on the Site, Russell Athletic reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any Product, an error in the price of the Product description posted on this Site, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within Australia and New Zealand. Within Australia and New Zealand, our policies as to delivery and returns are set out on this Site under the heading Shipping Information and Returns & Exchanges.
PRICE AND PAYMENT
Russell Athletic accepts payment via Visa, Mastercard, PayPal and Afterpay only.
For each online order, you must pay:
the applicable price expressed in Australian dollars and are inclusive of Australian Goods and Services Tax for the relevant Product as confirmed by Russell Athletic; and
the delivery fee and other charges specified on the Site in Australian dollars at that time.
From time to time Russell Athletic may distribute promo codes that may be used for orders on the Site. Promo codes can be applied to your order at the time of checkout on the Shopping Bag page in the field "Promo Code". The Shopping Bag will then be updated to reflect new pricing or conditions applicable to the promotion. The terms and conditions for each promotion can vary so please be sure to check all the details from the promotional material.
Russell Athletic takes no responsibility for customers not being aware of relevant promo codes that may apply to a particular purchase. Promo Codes must be redeemed at the time of purchase and for each order. You must pay the new applicable price. It is not possible to apply promo codes once an order has been placed.
Afterpay is a service that allows customers to pay for purchases over 4 equal instalments due every 2 weeks.
To make a purchase using Afterpay you must:
Have an Australian residential address.
Have a valid email address and mobile number.
Be the holder of an eligible credit or debit card.
Be over 18 years old.
How do I use Afterpay?
Choose Afterpay as your payment method at checkout.
Register or login to your Afterpay account and confirm payment.
For first time users of Afterpay, the first payment is required at the time of purchase.
If you wish to return your purchase partially or in full, please adhere to our returns and exchanges process. Any future payments for that item and/or any instalments that you have paid will be processed in accordance with Afterpay’s returns policy.
If a payment is not processed on or before the due date, late fees will apply. Please contact Afterpay as soon as possible if you won’t be able to pay on time.
For Afterpay’s full terms and conditions or if you need further questions answered click here (https://www.afterpay.com/en-AU/terms-of-service).
RUSSELL ATHLETIC’S LIABILITY TO YOU
The only warranties, conditions or other terms that are binding on Russell Athletic are those expressly stated on this Site. To the extent permitted by law, any term concerning the Products or any service that Russell Athletic provides to You which might otherwise be implied into or incorporated into these terms for the purchase and supply of Product, whether by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded.
If a Product does not comply with an applicable consumer guarantee set out in Division 1 of Part 3-2 of the Australian Consumer Law (ACL), you have rights and remedies under the ACL. Nothing on this Site excludes, restricts or modifies the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee and the ACL.
Subject to the previous paragraph:
Russell Athletic will not be liable to you for any loss if caused by a delay in Russell Athletic fulfilling or any failure to fulfil or otherwise discharge any of its obligations under the terms on this Site, if the delay or failure is caused by anything beyond Russell Athletic’s reasonable control;
Russell Athletic will not be liable to you for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and
• Russell Athletic maximum aggregate liability to you whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by you to Russell Athletic in respect of the Product or Products for which the liability arises.
RUSSELL ATHLETIC PROMOTION CODES
WELCOME NEW SUBSCRIBERS
New subscribers to the Russell Athletic newsletter will receive a promo code to get $10 off your next purchase (“Welcome Promo Code”), subject to the Terms and Conditions below.
TERMS & CONDITIONS
Unless otherwise stated, new subscribers to the Russell Athletic newsletter will be issued with a Welcome Promo Code, via email from Russell Athletic, to get $10 off your next purchase.
The minimum spend to use the Welcome Promo Code is $80 (excluding postage).
Welcome Promo Code may only be used once.
Welcome Promo Code does not apply to the purchase of Gift Cards.
Russell Athletic has no obligation to advise a subscriber of an incomplete or otherwise non-compliant entry.
Only one (1) promo code can be applied to a single order. This includes free gift offers requiring a promo code to be applied.
If you are unsure how to complete this promotion, please contact customer service before finalising your order. Promotional offers will not be honoured unless the relevant code has been applied in the cart and no refund will be offered if promotion was not completed correctly.
The promotion cannot be applied to an order after it has been completed, nor can the relevant promo code and discount be applied to an invalid order.
Valid on full-priced and sale items.
$200 GIFT CARD COMPETITION
TERMS & CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Eligibility: Sweepstakes (the "Sweepstakes") is open only to those who sign up at the online sweepstakes page and who are at least 18+ years old at the time of entry. The sweepstakes is open to the legal residents of the Australia and is void where prohibited by law. Employees of Designworks Clothing Company Pty Ltd (the "Sponsor") their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Designworks, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.
3. Sweepstakes Period: Entries will be accepted online starting on or about August 19, 2019 at 10:00 AM and ending September 8, 2019 at 11:59 PM. All online entries must be received by September 8, 2019 at 11:59 PM. All times are (GMT+10:00) Melbourne.
4. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided on this site. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Designworks. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Designworks.
5. Prizes: The approximate retail value of all prizes is $200. The prizes are: One $200 Russell Athletic Voucher. You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Russell Athletic to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner selection and notification: The winner of the Sweepstakes is subject to the conditions set out below. This is a game of skill and the winning entrant will be selected by Designworks based on merit according to their response to the nominated competition question ‘Tell us in 25 words or less what design you would like on a classic sweatshirt’. The winner will be notified via e-mail to the e-mail address they entered the Sweepstakes with within five (5) days following the winner selection. Designworks shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by you: By entering this content you understand that Designworks, anyone acting on behalf of Designworks or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: Designworks reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Designworks may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Designworks. Designworks reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
Designworks has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Designworks reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the Sweepstakes you agree to receive email newsletters periodically from Russell Athletic. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
10. Limitation of Liability: By entering you agree to release and hold harmless Designworks and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF Australia AND Victoria, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Victoria having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
13. Winners List: For the names of the winners, please contact us at and in the body of the email type 'Please e-mail me the winners' list for the Russell Athletic Sweepstakes.
14. Sponsor: The Sponsor of the Sweepstakes is Designworks, Level 1, Building 8, 658 Church Street, Richmond, Victoria, Australia;
15. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn Google.
RUSSELL ATHLETIC GIVEAWAY
COMPETITION TERMS & CONDITIONS
- Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
- The Promoter of this competition is Designworks Clothing Company Pty Ltd (ABN 35 117 343 807) of 17 Hardner Road, Mount Waverley Victoria 3149.
- Entry into this competition is open to residents of Australia who are aged 18 years or over. Employees (and their immediate family and relatives) of the Promoter and employees (and their immediate family and relatives) of the Promotor’s related body corporates (as defined in the Corporations Act 2001 (Cth)) are not eligible to enter this competition.
- The competition commences at 8pm AEST on Wednesday, 28 August 2019 and will end at 11.59am AEST on Tuesday, 3 September 2019 (“Promotional Period”).
- To enter the competition:
- follow @russellathleticanz on Instagram;
- Like the image; and
- Comment in response to the post on @russellathleticanz that mentions this competition by:
- telling us why you would love to see the Bagraiders; and
- tagging a friend, for your chance to win!
- All entries must be unique and original and not contain extracts from other published material.
- Judging will take place at Level 1, Building 8, 658 Church Street, Richmond Victoria 3121 on Tuesday, 3 September 2019, following the conclusion of the Promotional Period.
- There will be 1 (one) winner in total.
- This is a game of skill and chance plays no part in the results of this competition.
- The Promoter will determine the 1 (one) best entry based on creativity and relevance to the Russell Athletic Australia brand. The Promoter’s decision in relation to any aspect of this competition is final and negotiations will not be entered into.
- The winner is responsible for transportation, accommodation (where required) and all incidental costs associated with getting to and from the venue located in Sydney.
- The winner will be notified by direct message on Instagram by 5pm on Tuesday, 3 September 2019,. Once notified, the winner must provide his/her contact details for the purpose of prize fulfilment within 24 hours. Failure to reply may result in the selection of an alternate winner.
- The winner will receive 2x VIP tickets to see Bag Raiders live in concert at Slim’s Rooftop, Hyde Park House, 47-49 William St, Darlinghurst NSW 2010. The event will take place from 6-10pm on Thursday the 5th of September 2019.
- The winner will be able to collect the tickets at the door of the venue after [6pm] on Thursday the 5th of September 2019. The winner will be unable to receive the tickets by other methods (including by mail). The winner must present satisfactory photo identification to the venue on collection of the tickets.
- The Promoter reserves the right to extend, withdraw or cancel the competition or amend these Terms and Conditions at its own discretion without any obligation to compensate entrants.
- The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the entrant or for any of the equipment or programming associated with, or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition, including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite failure, theft or destruction or unauthorised access to, or alteration of, entries, and reserves the right to take any action that may be available.
- The prize cannot be exchanged, transferred or redeemed for cash. The Promoter takes no responsibility and accepts no liability if the concert is cancelled. The winner and his/her invitee attends the concert at their own risk.
- The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- By entering the competition and accepting these terms and conditions, entrants acknowledge that the Promoter may use your personal details for the purpose of conducting the competition, including the use of your name and entry in promotional formats on the Promoter’s branded social media channels (including Instagram and Facebook), blogs and/or websites. The Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant.
- All entries become the property of the Promoter. Entrants acknowledge that their entry and all material included will be the property of the Promoter, and may be featured on the Promoter’s Instagram and Facebook accounts. As a condition of entering into this promotion, each entrant assigns all of their rights, title and interest (including copyright) in and to their entry to the Promoter from the time of entry. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
- You can contact us in relation to the competition by direct messaging Russell Australia on Instagram @russellathleticanz or by sending an inquiry through the ‘Contact Us’ page at https://russellathletic.com.au/pages/contact-us.