This policy sets out the circumstances in which goods or services ("Goods") supplied by Pace Athletic Pty Ltd ABN 99 165 790 643 ("Pace Athletic") to a customer ("you") will be accepted for return.
AUSTRALIAN CONSUMER LAW
The sale of Goods by Pace Athletic will be subject to certain laws including, without limitation, the Australian Consumer Law ("ACL"). Our Goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonable foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
This policy is in addition to any rights you have at law including under the ACL which is Schedule 2 of the Competition and Consumer Act, 2010 ("Act").
CHANGE OF MIND RETURNS
No change of mind returns
Please choose carefully as Pace Athletic does not accept return of goods because you change your mind or make a wrong decision about Pace Athletic’s goods or services.
ASSESSMENT OF GOODS FOR RETURN
Pace Athletic reserves the right to assess the eligibility of Goods for return (including the condition and age of the goods) BEFORE accepting them as returned. All Goods which a customer wants assessed for return must be:
- accompanied by proof of purchase from Pace Athletic either by providing a receipt or other proof of transaction; and
- in a resalable condition and complete with any out of box accessories supplied as part of the purchase.
Please note that it may be necessary for the manufacturer of the Goods to inspect the Goods in order to assess eligibility for return. Pace Athletic will endeavour to procure such assessment within a reasonable time.
While Goods are being assessed, Pace Athletic will not be deemed to have accepted the Goods for return.
We are unable to accept returns or exchange items that have undergone customisation, unless they have been found faulty after detailed examination by our Product Assessments team.
WHEN GOODS WILL BE ACCEPTED FOR RETURN
Pace Athletic will accept Goods for return only after assessment as set out above, where the Goods are returned in the compliance with 1. and 2. above and:
- fail to meet a consumer guarantee under the ACL;
- are subject to any express warranty given by:
- Pace Athletic; or
- the manufacturer of the Goods;
and the Goods are returned in accordance with the terms of that warranty; or
- where the goods received are not what you initially ordered.
WHAT HAPPENS WHEN GOODS ARE ACCEPTED FOR RETURN?
Subject to any obligation of Pace Athletic at law to the contrary, when Pace Athletic accepts Goods for return:
- for a failure to comply with a consumer guarantee which is not a "major failure", Pace Athletic may either:
- have the Goods repaired or provide an identical replacement ; or
- provide a refund of the amount paid for the Goods; within a reasonable time.
- for a failure to comply with a consumer guarantee which cannot be remedied or a "major failure" (as defined in the ACL), you may either:
- reject the Goods and choose a refund or identical replacement or one of the same type and similar value (if reasonably available);
- keep the Goods and get compensation for any drop in value of the Goods caused by the failure; or
- agree with Pace Athletic to a repair of the Goods; and
- under express warranty, Pace Athletic may either repair or replace the Goods or offer a refund in accordance with the express warranty.
A "major failure" is defined in the ACL and broadly is one where a reasonable consumer would not have acquired the Goods had the consumer been fully aware of the failure, the Goods are unsafe, substantially unfit for purpose or departed significantly from the demonstration model or sample. In this regard you should refer to the ACL.
On occasion the replacement size for the exchanged product may not be available. In this case we may offer an alternative product, or your choice of refund for the original purchase.
If you reject Goods purchased from Pace Athletic in accordance with the ACL, you must return the Goods to Pace Athletic. If the Goods cannot be returned without significant cost to you as prescribed under the ACL, you may ask Pace Athletic to collect the Goods.
If Goods are accepted for repair, Pace Athletic will undertake such repairs within a reasonable time. All repairs will be undertaken as prescribed under the ACL.
If you are entitled to a refund under the ACL, your refund will be issued by credit card, cheque, EFT or PayPal depending on your original payment method for the Goods.
WHAT HAPPENS AFTER YOUR GOODS HAVE BEEN REPAIRED?
After your Goods have been repaired or replacement Goods become available, as the case may be, Pace Athletic will contact you to make arrangements for delivery of your Goods. Pace Athletic will only pay for delivery of the Goods if they were repaired or replaced because of a major failure or if Pace Athletic is required by law to meet the delivery cost.
ONLINE SALE RETURNS
The process for return of Goods purchased from Pace Athletic online is set out in this Returns Policy with the additional requirement that you need to first obtain a Tracking Number ("TN") to identify your Goods.
If you purchased Goods online via Pace Athletic's website and you would like to return them, you should first contact our Customer Services Department on email@example.com who will give you a TN and indicate where the Goods should be sent for assessment of eligibility for return.
If you have mistakenly received the incorrect order we will refund shipping and handling charges to your credit card. This is the only instance where freight charges will be refunded.
If you reside within NSW, you may return the Goods to a Pace Athletic store of your choice provided you first contact the Customer Services Department to obtain a TN and otherwise meet the requirements of this Returns Policy.
STATUTORY RIGHTS NOT AFFECTED
This Returns Policy will not affect your statutory rights including those under the ACL. To the extent of any inconsistency between this policy and your statutory rights, your statutory rights will take precedence.
If you have a question in relation to this Returns Policy or believe that Pace Athletic or any of our staff have not observed your rights under the ACL, please do not hesitate to contact Pace Athletic by writing to:
563 Military Road
MOSMAN NSW 2088
PACE ATHLETIC PTY LTD
ABN 99 165 790 643