Terms and Conditions
The sportswatches.com.au website is operated by Sports-Port Agencies Pty Ltd ABN 11 103 488 660. Your use of the website is conditional upon your acceptance and compliance with the terms and conditions set out below ("Terms and Conditions").
By using the Website you agree to the Terms and Conditions.
Sports-Port Agencies Pty Ltd reserves the right to amend the Terms and Conditions at any time and without notice. Your continued use of the website after any amendment constitutes an agreement by you to abide and be bound by the Terms and Conditions, as amended.
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. Sports-Port Agencies Pty Ltd 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 or the product description posted on this website, or an error in your order. Your contract with Sports-Port Agencies Pty Ltd only comes into existence when it forwards confirmation of receipt of your order and payment.
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.
Please read the Shipping Information contained in the website. The delivery times are indicative only and Sports-Port Agencies Pty Ltd will not be liable for any failure to observe these delivery times.
Sports-Port Agencies Pty Ltd will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.
In the event you become in default of your obligation to pay and the overdue account is then referred to a debt collection agency, and/or law firm for collection you shall be liable for the recovery costs incurred and if the agency charges commission on a contingency basis you shall be liable to pay as a liquidated debt, the commission payable by Sports-Port Agencies Pty Ltd to the agency, fixed at the rate charged by the agency from time to time as if the agency has achieved one hundred per cent recovery and the following formula shall apply. Commission = Original Debt/(100 – Commission % charged by the agency (including GST)) x 100.
In the event where the agency is Prushka Fast Debt Recovery, the applicable commission rate for the amount unpaid is as detailed on www.prushka.com.au. In the event where Sports-Port Agencies Pty Ltd or Sports-Port Agencies Pty Ltd's agency refers the overdue account to a lawyer you shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
Please refer to the Shipping and Returns section of this website to read the circumstance in which Sports-Port Agencies Pty Ltd is obliged to make an exchange or refund.
Sports-Port Agencies Pty Ltd will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Sports-Port Agencies Pty Ltd has been advised of the possibility of such damages.
While the information contained in the website is believed to be accurate and current, it is provided by Sports-Port Agencies Pty Ltd in good faith on an "as is" basis. Sports-Port Agencies Pty Ltd, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accepts any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on the website.
To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
The website contains links to websites not maintained, controlled or associated with Sports-Port Agencies Pty Ltd and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. Sports-Port Agencies Pty Ltd will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites.
Sports-Port Agencies Pty Ltd is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Sports-Port Agencies Pty Ltd
Sports-Port Agencies Pty Ltd does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Sports-Port Agencies Pty Ltd will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Sports-Port Agencies Pty Ltd, it shall be limited to the cost of re-supplying that information.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.