1. INTRODUCTION:

1.1 The conditions of use of the GEARSUPPLY website and social media include these terms, our Privacy Policy, and any other terms and conditions that appear in or are linked to or from the Sites (Terms). These Terms govern your use of, and access to, the Sites. Please note, in Australia,  GEARSUPPLY is operated by Zen (ABN 62 002 764 552).

 

2. CONTENT:

2.1 The Sites and their content are subject to copyright and other intellectual property rights. These rights are owned by Zen, or in the case of some material, a third party, where the third party has provided permission to use the content.

2.2 You must not reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify, or publish any material on a Site, including audio and video excerpts, except as permitted by statute or with our prior consent.

2.3 Our Sites include registered trademarks and other marks protected by law. You may not use our trademarks without our consent or any third party’s trademarks without their consent.

2.4 The Site may contain links to third-party sites. These links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products, or services provided at those sites. You access those sites and use the information, products, and services at your own risk.

2.5 Many products and services offered for sale or advertised and much of the information provided via the Site are the products, services, and information of third parties. These third-party products, services, and information are not necessarily provided or delivered by Zen. We may receive fees or commissions from third parties for products or services displayed or made available on the Sites or accessible through a link on the Sites. You acknowledge and consent to us receiving such fees.

2.6 If a product is listed at an incorrect price, promotional pricing is applied outside the promotional period, or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel the transaction. If your credit card has been charged, we will immediately refund your credit card for the total amount debited.

2.7 For media inquiries, please contact our Customer Service Team.

 

3. USE OF SITES:

3.1 You must not misuse this Site and only use it for lawful purposes. You will not use the Sites (including any branded social media sites) for any activities, or post or transmit to or via the Sites any information or materials that:

3.1.1 Breach any laws or regulations, infringe a third party’s rights or privacy, or which are contrary to any applicable standards or codes

3.1.2 Interfere with other users, defame, harass, threaten, bully, or offend any person, or inhibit any other user from using the Sites.

3.1.3 Are obscene, indecent, discriminatory, inflammatory, or pornographic, or which could give rise to civil or criminal proceedings.

3.1.4 Commit or encourage a criminal offence, transmit or distribute a virus, trojan, worm, or post any other material which is malicious and technologically harmful.

3.1.5 Hack or disable any part of the Site to corrupt data, cause annoyance to other users, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this Site.

3.1.6 Provide false information when registering or changing your registration details.

3.2 Zen will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Site linked to it.

3.3 If you encounter misuse or illegal activity, please contact our Customer Service Team.

 

4. PRODUCT DESCRIPTIONS & ACCURACY:

4.1 While we strive to ensure that all product descriptions, images, pricing, and other information on the Sites are accurate, complete, reliable, and current, we do not warrant that this information is error-free. We reserve the right to correct any errors or omissions and to update product information at any time without prior notice.

4.2 If you believe a product you received is not as described, please contact our Customer Service Team. We will work with you to resolve any discrepancies in line with our Returns and Exchange Policy.

 

5. SOCIAL MEDIA:

5.1 Zen uses various social media sites (e.g., Twitter, YouTube, Facebook, Instagram, TikTok, and Pinterest). We reserve the right to cease using any such sites at our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.

5.2 Third-party social media sites will be governed by their own terms of use.

5.3 Zen does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements posted by any users or members on the owned sites or social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.

5.4 Users must not post or upload any comment, content, or link to the sites or social media sites which do not comply with these Terms, including if it is defamatory, harassing, bullying, indecent, or inflammatory.

5.5 Zen may moderate user-posted content and may remove any content that, in Zen’s opinion, is inappropriate. While we review content regularly, there may be times when inappropriate content is viewable before it can be removed.

5.6 Zen does not undertake to inform users when such content has been moderated or removed. Zen may provide warnings, or otherwise block or suspend users or their accounts at our sole discretion.

5.7 Where you post or submit content to a Site, you warrant that you:

5.7.1 Have the permission of the person(s) appearing in the content to submit it to the Site, and for them and their image or likeness to be subject to these Terms and Zen's Privacy Policy.

5.7.2 Have the right to submit the content (including copyright); the content is your own original creation; and you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth)).

5.7.3 Zen may copy, reproduce, publish, display, alter, or distort user-submitted content, and use it for any purpose, including without limitation, any future promotions or campaigns involving Zen at any time in the future, and via any media.

5.7.4 Zen does not accept any responsibility or liability where content is downloaded from the Sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user-submitted content once it is submitted, and Zen does not accept any liability for such actions.

5.7.5 Any personal information you provide about yourself, or the person(s) appearing in user-submitted content, may be used by Zen to conduct campaigns, research, and marketing activities (including informing you about special offers from Zen, and becoming part of databases maintained by Zen or its associated entities), and otherwise be used in accordance with Zen’s Privacy Policy.

 

6. USER-GENERATED CONTENT (UGC):

6.1 You may have the opportunity to submit content to the Sites, such as product reviews, comments, photos, and other forms of user-generated content (collectively, "UGC"). By submitting UGC, you agree that:

6.1.1 You grant us a worldwide, non-exclusive, royalty-free, irrevocable licence to use, modify, distribute, display, and publish your content in any media.

6.1.2 Your UGC represents your own views and opinions and does not reflect the views of Zen or its affiliates.

6.1.3 We reserve the right to monitor, edit, or remove any UGC that violates these Terms & Conditions, infringes intellectual property rights, or is otherwise inappropriate.

6.2 By submitting UGC, you also confirm that you own the rights to the content or have obtained appropriate permissions, and that your submission complies with all applicable laws and regulations.

 

7. BILLING:

7. At Zen, we provide a seamless shopping experience for our customers in Australia. Here are some important points regarding how we handle orders and currency:

7.1.1 Order Currency: When you place an order on our website, it will be charged in the currency of the market from which the order was generated. This means:

• Australian customers will be charged in Australian Dollars (AUD).

7.1.2 Billing Method: The billing method you use will also reflect the currency of your market at the time of the order.

7.1.3 Invoicing and Fulfilment: In some cases, orders fulfilled from our Australian distribution centre may generate an invoice marked in Australian Dollars (AUD). Despite the invoice showing AUD, the price you were given at the time of ordering, in your market’s currency, will be the exact amount charged to your payment method.

7.2 For billing issues, please contact our Customer Service Team.

 

8. RETURNS, EXCHANGES & REFUNDS:

8.1 We understand that sometimes purchases may not work out as expected. For more detailed information about our returns, exchanges, and refund policies, please visit our Returns and Exchange Policy, which forms part of these Terms & Conditions.

8.1.1 Returns: Items may be returned within 30 days of purchase, subject to the terms and conditions outlined in our Returns and Exchange Policy.

8.1.2 Exchanges: We offer product exchanges where applicable. Please see our policy for details on qualifying products and processes.

8.1.3 Refunds: Refunds will be processed in accordance with our Returns and Exchange Policy. Depending on your payment method, it may take 5-10 business days for the refund to be processed back to your account.

8.2 For full details on how to return or exchange an item, please refer to our Returns and Exchange Policy.

 

9. CONSUMER RIGHTS:

9.1 Nothing in these Terms, our Privacy Policy, or any other terms available on the Sites shall limit or exclude any rights you may have under Australian Consumer Law that cannot be limited or excluded by law. Australian Consumer Law provides certain guarantees and rights that cannot be waived or altered by contract. These include, but are not limited to, the guarantee that goods and services will be of acceptable quality and fit for their intended purpose.

9.2 In the event that any part of these Terms or any other agreement related to the Sites conflicts with or limits any rights you may have under Australian Consumer Law, those rights will prevail. For further information about your rights under Australian Consumer Law, you may contact the Australian Competition and Consumer Commission (ACCC) or your local consumer protection agency.

 

10. PRIVACY:

10.1 See Zen’s Privacy Policy for details on how we handle personal information and cookies.

 

11. LIABILITY:

11.1 Zen makes no representations or warranties of any kind, express or implied, as to the operation of our Sites or the information, content, materials, or products included on our Sites, except as otherwise provided under applicable laws.

11.2 Neither Zen, nor its affiliates, directors, officers, employees, agents, contractors, successors, or assigns will be liable for any damages arising out of or in relation to the use of our Sites or sites linked to our Sites. This limitation applies to direct, indirect, consequential, special, punitive, or other damages suffered, as well as damages for loss of profits, business interruption, or the loss of data or information.

11.3 You assume all risk of use of all features of a Site. You release Zen from all responsibility for any consequences of their use.

11.4 By continuing to access our Sites, you agree that your access to and use of them is subject to these Terms and all applicable laws, and is at your own risk.

11.5 Our Sites and their contents are provided to you on an “as is” basis; our Sites may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Sites will always be available or fault- or virus-free.

 

12. UPDATES & TERMINATION:

12.1 Zen may vary these Terms at any time. By continuing to use the Sites, you consent to any variations. It is your responsibility to regularly check these Terms for any variations.

12.2 At any time, Zen may, in our sole discretion, suspend or terminate access to the Sites for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities. We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted.

12.3 Zen may disclose any information we may have about a user in relation to a breach of these Terms to any relevant authority and to the extent required by law.

 

13. JURISDICTION:

13.1 These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

 

14. MARKETING:

14.1 By providing your contact details, you consent to receiving marketing communications from Zen. To manage or opt-out of marketing communications, please contact our Customer Service Team.

 

15. MOBILE MESSAGE SERVICE:

15.1 Zen may send marketing messages via SMS and/or email. By subscribing, you consent to receiving such messages. To manage or cancel your subscription, please contact our Customer Service Team.

 

16. CONTACT INFORMATION:

16.1 For any questions or issues related to these Terms or our services, please contact our Customer Service Team.