Terms & Conditions

TERMS & CONDITIONS

TERMS OF USE

The website www.russellathletic.com.au (Site) is owned by DESIGNWORKS CLOTHING COMPANY PTY LIMITED ABN 35 117 343 807 (Russell Athletic).

The following terms, together with those found under the heading Privacy Policy, set out the terms on which Russell Athletic agrees to you making use of the Site. By accessing, browsing and/or using the Site you agree to the following terms and conditions and you agree to use the Site in accordance with all applicable laws.

Words in these terms of use that are spelt with capitalised letters have a particular meaning in these terms of use, which are set out either before or after the words where they first appear. If you do not agree to the following terms you must cease use of the Site.

LAWS AND ENTIRE AGREEMENT

These terms of use are governed by the laws of Victoria and you and Russell Athletic each irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.

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.

DISCLAIMER

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.

LINKS

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.

COPYRIGHT

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.

TRADEMARKS

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

PURCHASING

The following terms, together with the terms found under the headings Privacy PolicyShipping Information and Returns & Exchanges and Terms & Conditions, set out the terms on which Product can be purchased by You (being the person whose details are entered in the Billing Information section during the online purchasing process) from Russell Athletic.

ORDERS

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.

Your order and credit card details are safe and secure. All personal and credit card information provided to the website is secured using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. At this stage we can only accept payments using the methods stated in the payment options section of the Site. For further details on data security you should check the section on this Site under the heading Privacy Policy.

AFTERPAY

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.

Additional Information:

  • 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 

  1. 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.

  2. The minimum spend to use the Welcome Promo Code is $80 (excluding postage).

  3. Welcome Promo Code may only be used once.

  4. Welcome Promo Code does not apply to the purchase of Gift Cards.

  5. Russell Athletic has no obligation to advise a subscriber of an incomplete or otherwise non-compliant entry.

  6. Only one (1) promo code can be applied to a single order. This includes free gift offers requiring a promo code to be applied.

  7. 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.

  8. 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.

  9. Valid on full-priced and sale items.