Home | Terms

Terms

Online Sales – Terms & Conditions of Use

Access to and use of this website are subject to the following General Terms of Use ("henceforth "Terms"). By using this site, users (henceforth "you" or "users") will be taken to have read and agreed to these Terms. YMCA Merchandising reserves any rights not expressly granted in these Terms

  • About This Website
  • Copyright and Trademarks, Intellectual Property
  • Disclaimer and Warranties
  • Limitation of Liability
  • Indemnity
  • Links to Third Party Websites
  • Privacy
  • Governing Law/Jurisdiction
  • Linking To This Website

This is a website developed, operated and administrated by YMCA E-Store Pty Ltd (ABN 104 876 806 ), trading as YMCA Merchandising (henceforth "YMCA Merchandising", "Estore" or "we" or "us") under the domain name(s) "ymcaestore.com", “ ymcaestore.com.au”, "ymcagear.com" & “ ymcagear.com.au”.

We reserve the right to discontinue or to make complete or partial modifications to this website, or to these Terms. We may make such changes at our own discretion and without notice or prior announcement. We must therefore ask you that each time you view the content on this website, to view the conditions again and to note any changes or amendments that have been made

Your use of this website and the information, graphics and materials contained herein is governed by these Terms and by our Privacy Policy

Copyright and Trademarks, Intellectual Property

Important Terms- Please Read

By using the ymcaestore.com.au or ymcaestore.com.au site ("Site"), you agree to be bound by the following terms ("Terms"). The National Council of the YMCA of Australia (ABN 45 004 076 297) and YMCA E-Store Pty Ltd (ABN 52 104 876 806) reserve the right to change these Terms at any time, without notice, and you agree to be bound by such changes.

Your Use

You may not use this Site to supply a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales. You may not, without express written permission from The National Council of the YMCA of Australia (ABN 45 004 076 297), take words or graphics from this Site reformat and display them. You also may not mirror this Site on your web site.

Your use of this Site does not create a licence or any other rights with respect to the trademarks, service marks, copyright, or any other intellectual property or proprietary rights in or on the Site.

The National Council of the YMCA of Australia (ABN 45 004 076 297) and YMCA E-Store Pty Ltd (ABN 52 104 876 806) may add to, remove or vary any information on this Site at any time.

Copyright

Unless otherwise indicated, The National Council of the YMCA of Australia owns and YMCA E-Store Pty Ltd (ABN 52 104 876 806) uses under licence from The National Council of the YMCA of Australia (ABN 45 004 076 297), copyright in the contents and design of this Site. Except as set out below, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, you must not reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of this Site.

You may view the content of this Site on your Internet browser and also print copies of the content of this Site: (a) for personal or non-commercial purposes; and (b) provided that you do not remove or modify any copyright notices.

Trade Marks

All trade marks used on this Site are registered or unregistered trade mark of The National Council of the YMCA of Australia (ABN 45 004 076 297) and are licensed to YMCA E-Store Pty Limited (ABN 52 104 876 806).

The YMCA® brand are registered trade marks of The National Council of the YMCA of Australia (ABN 45 004 076 297).

BODY MIND SPIRIT brand are registered trade marks of The National Council of the YMCA of Australia (ABN 45 004 076 297).

You may not use, modify or permit the modification of any of the above trade marks without the prior written consent of The National Council of the YMCA of Australia (ABN 45 004 076 297).

Disclaimers

This Site contains, among other things, information provided by third parties and links to third party web sites. There may be technical inaccuracies, errors, programming bugs or computer viruses in this Site or its contents. The National Council of the YMCA of Australia (ABN 45 004 076 297) and YMCA E-Store Pty Ltd (ABN 52 104 876 806) and their respective contractors, make no representations about the accuracy, completeness, currency or suitability of the information or links provided on this Site.

The information is provided 'as is' without express or implied warranty. You use the information and links at your own risk. The National Council of the YMCA of Australia (ABN 45 004 076 297) and YMCA E-Store Pty Ltd (ABN 52 104 876 806), and their contractors take no responsibility for the content of Internet sites that link from, or to, this site. Except as set out below, The National Council of the YMCA of Australia (ABN 45 004 076 297) and YMCA E-Store Pty Ltd (ABN 52 104 876 806), and their contractors exclude: (a) warranties whether express, implied, statutory or otherwise, relating in any way to this Site or your use of this Site; and (b) liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from, or in connection with, any use of the information on, or accessed through, this Site for any reason whatsoever.

Where any statute implies any term into your use of, or any arrangement arising out of, the accessing of this Site and that statute prohibits exclusion of that term, then that term is included.

If and to the extent permitted by the statute, however, The National Council of the YMCA of Australia (ABN 45 004 076 297) and YMCA E-Store Pty Ltd (ABN 52 104 876 806) and their contractors' liability for any breach of such term is limited to the re-supply of the information or links or associated services.

Disclaimer and Warranties

YMCA Merchandising does not and cannot guarantee continuous, uninterrupted access to our services, to this website site or to other sites linked from this website. While we endeavour to ensure availability of and access to our website, operation of this site and our services may be interfered with by numerous factors, including by factors outside of our control.

YMCA Merchandising provides this service and this website "as is" and without any warranty or condition, express or implied. YMCA Merchandising expressly excludes (to the fullest extent permitted at law) all warranties of any kind, including, without limitation, any implied warranties as to fitness of purpose or merchantability of this service and this website or that using this service and this website will not result in infringement of third party rights (including, but not limited to, intellectual property rights). In addition, YMCA Merchandising makes no warranty that the services provided by us, including this website and searches made using this website, will be timely, secure or error free.

Limitations of Liability

This website has been compiled with all professional due diligence, and every effort has been made to ensure the veracity of the information provided on this website to the best of our knowledge. We endeavour to ensure that regular ongoing updates are undertaken; however, no representation or warranty is made, either explicitly or implicitly, as to the correctness or completeness of any of the information contained on our website. Bear in mind that the information provided may not be up to date.

As such, advice given on this website does not relieve you of your own obligation to conduct your own checks on our advice. We recommend that you check the information provided on this website before applying it for whatever purpose. Should you require any advice or assistance, please contact us directly on +61 3 9890 8863 or estore@ymca.org.au.

Subject to any obligations or responsibilities implied by law which cannot be excluded, YMCA Merchandising will not be liable for any lost profit or any direct, indirect, incidental, special or consequential loss or damage (including but not limited to economic damage) or any liabilities, claims or expenses (including, but not limited to legal costs and expenses) which may be suffered by you as a result of any negligent act or omission by us or arising out of or otherwise in connection with use of this website or our services, whether in contract, tort (including but not limited to negligence), statute or otherwise.

Total liability of YMCA Merchandising for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at YMCA Merchandising's option, to:

The supply of the goods or services again;

The repair of the goods; or

The payment of the cost of having the goods or services supplied again or repaired.

Indemnity

You indemnify and hold harmless YMCA Merchandising, our subsidiaries, related companies, officers, directors, employees and agents from and against all loss, damage, cost, expense and claim which may be suffered or incurred by you as a result of or in connection with your use of this website and our services.

Vouchers
YMCA E-Store offers two types of vouchers:

1. Gift Vouchers where the complete cost has been paid for by the customer.
2. Promotional Vouchers issued as part of a competition, incentive, promotion or offer.

Please ensure all YMCA E-Store vouchers are redeemed at the time of ordering. Once the order has been submitted and paid for by means other than a voucher, we are unable to retrospectively redeem a voucher to offset that cost.

All vouchers are issued with an expiry date as indicated on the voucher itself. Once that voucher has expired, we are unable to extend the expiry date under any circumstances. It is the voucher holders responsibility to ensure it is redeemed before the expiry date.

All vouchers are:

  • Not redeemable for cash;
  • Only redeemable online at ymcagear.com, ymcagear.com.au, ymcaestore.com, or ymcaestore.com.au; and
  • Not transferable.

In relation to Gift Vouchers:

  • The vouchers may not be redeemed for the purchase of another Gift Voucher.
  • In relation to Promotional Vouchers:

The voucher can only be redeemed one at a time. For example, if you have two Promotional Vouchers, you must complete your purchase using one, then begin a new purchase to use the second.
Promotions and Competitions
Other terms & conditions not listed herein and applying to ymcagear.com, ymcagear.com.au, ymcaestore.com, or ymcaestore.com.au promotions and competitions are incorporated into these Terms & Conditions. Unless expressly stated, to the extent that the other terms & conditions are not incompatible with the Terms & Conditions herein, the other terms & conditions will be in addition to the Terms & Conditions herein. To the extent that the other terms & conditions are incompatible with the Terms & Conditions therein, the other terms & conditions prevail.

Links to Third Party Websites

This website contains references and links to other websites operated and maintained by external third parties (henceforth "Third Party Websites"). By providing these links, YMCA Merchandising does not give its approval or make any warranties or representations as to their contents (henceforth "Third Party Material").

Subject to any obligations or responsibilities implied by law that cannot be excluded, YMCA Merchandising makes no representations or warranties as to:

The quality, accuracy or fitness for purpose of Third Party Material or products or services available through Third Party Websites.

That Third Party Material does not infringe the Intellectual Property rights of any person.

Estore makes no representations or warranties whatsoever about any other website that you may access through this website. When you access a non-YMCA Merchandising  website please be aware that it is independent from any of the YMCA Merchandising sites and YMCA Merchandising has no control over the content of that website. All offers to sell goods or provide services made on Third Party Websites are the responsibility of and are given by the Third Party Website operator. YMCA Merchandising does not endorse, or accept any responsibility or liability for, the content or accessibility or use of any Third Party Website linked from any of the YMCA Merchandising sites.

Links to Third Party Websites are provided to our website users merely for the sake of convenience. Users access such Third Party Websites at their own risk.

Privacy

You are fully responsible for the content, completeness and correctness of any personal details or information you supply to YMCA Merchandising .

YMCA Merchandising's management of and practices with respect to personal information are in full compliance with the relevant Privacy Laws and are set out in our Privacy Policy.

Where you provide personal information to a Third Party via this website, you will do so in accordance with the policies, procedures and practices in place on or which occur with respect to that site. YMCA Merchandising is not responsible for the personal information management practices of any Third Party Websites or their compliance with the relevant Privacy Laws.

By using this website and supplying YMCA Merchandising with your personal information, you are taken to have read and understood our Privacy Policy.

Governing Law/Jurisdiction

This website is operated and maintained from Gold Coast, Queensland. Unless expressly stated otherwise, these terms (and your use of this website) are governed by the laws of Queensland, Australia.

Linking to This Website

If you would like to place a link to any part of this website on your own site, please contact YMCA Merchandising and obtain written permission first. 

Sales & Returns policy

Prices

YMCA Merchandising endeavours to offer you competitive prices on our products. Your total order price will include the price of the product (on the day of shipping) plus any applicable sales tax.  YMCA Merchandising reserves the right to change prices for products displayed on the YMCA Merchandising website at any time.

Purchases are billed in Australian Dollars. Estimates displayed in other currencies are based on current exchange rates and are subject to market fluctuations and bank variances. YMCA Merchandising cannot guarantee foreign currency rates, and advises customers to speak to their bank for exact conversion rates.

Competitor Price Beat Guarantee

For your peace of mind  If you find a cheaper price for an identical product before OR AFTER your purchase we'll beat it. It's that easy.  We guarantee that you will always get a better deal when ordering from us.

Products must be identical and in stock with our competitor. Price claims after purchase will be refunded to the credit card used in the transaction, Refund Claims must be lodged within 7 days from invoice.  This price match guarantee is valid for Australian competitors only. Proof of competitor’s price is required.

Payment Methods

We accept Visa, Mastercard, & PayPal.  If you would prefer to pay via direct deposit / Bank Transfer, please contact our office and our Customer service team will be able to help you with this. Please do not email us your credit card details under any circumstances.

Product Warranty

All YMCA Merchandising products sold on this website are brand new, and carry a 30 day Limited Warranty against defects in materials and workmanship. As a result of this limited warranty, please ensure you carefully inspect all products upon delivery.

Please Note: Normal wear and tear, misuse, or neglect voids any warranties, expressed or implied.

Refunds will be only be issued for faulty products due to materials or faulty workmanship.  Goggles carry a 30 Day limited warranty (30 Days from Date of retail purchase).  All goggles returned must be accompanied by the retail receipt.

Return or replacements will not be accepted outside the 30 day period and without above mentioned documentation.

Return and Refund Policy

YMCA Merchandising will accept the return of a product within 7-days of purchase.  Exchanges and refunds will not be accepted outside this time frame.  If you receive a faulty YMCA Merchandising product, please call (03) 9890 8863, or email estore@ymca.org.au to lodge a Refund or Return request within 30 days of the receipt of the product.   If the faulty item is returned in the original packaging, we will exchange it for you for the same product. If this product is not available for some reason, we will send you the closest equivalent product or refund you the purchase price of the item.  The product must be returned according to YMCA Merchandising instructions, with a copy of the Return Authorisation Notice and Number within 10 business days of the authorisation of the Refund or Return request. All products must be packed in the original, unmarked packaging, including any accessories, manuals, documentation, CDs, and registration that shipped with the product.

There is no exchange or refund on any item that is reduced, on sale, or from a deleted product range.

Please do not send us any items you wish to return without consulting us first. We will not refund or accept the return of any product that does not have an accompanying Return Authorisation Notice and Number.

PLEASE NOTE: YMCA Merchandising recommends that you:

1.             Use a carrier that offers shipment tracking for all returns

2.             Either insure your package for safe return to YMCA Merchandising or designated supplier, and declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit.

If you choose not to follow both these recommendations, you will be responsible for any loss or damage to the product during shipping.

Please enquire with your carrier about the waiting period for activating a tracking search for lost shipments to ensure that you do not invalidate the terms of refund or return.

Carrier charges for returning product are the responsibility of the purchaser.

YMCA Merchandising reserves the right to test any returned product. If the customer misrepresents the condition of the product, YMCA E-STORE® may impose a handling fee of up to the costs incurred.

Manufacturing Defects

If you discover what you believe is a manufacturing defect with any YMCA Merchandising branded product, please contact YMCA Merchandising Customer Service staff at (03) 9890 8863, for a Return Authorisation Notice and Number.  YMCA Merchandising will endeavour to ship replacement items within 7 business days. Such a defect, if any, is covered under the terms of your product’s standard warranty.  Please refer to the warranty information and other supporting documentation that came with your product.

Other Terms and Conditions

YMCA Merchandising  is not responsible for typographical errors and reserves the right to change the terms and conditions of Sale and Return at any time. YMCA Merchandising will update this Sales and Returns Policy as its policy changes. All sales from the YMCA Merchandising website are governed by the laws of Victoria and Australia, without giving effect to its conflict of law provisions.

No YMCA Merchandising employee or agent has the authority to vary any of YMCA Merchandising's policies or the terms and conditions governing any sale.

You can contact us:

YMCA Services

28C Kalman Drive, Boronia, VIC 3155

Sales Phone : +61 (03) 8799 0000

Fax : +61 (03) 8799 0011 Email: yservices@ymca.com.au