Terms & Conditions

Definitions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, Gray Nicolls Sports AU
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "https://gilbertnetball.com.au/"

Agreement to be bound by Terms
It is a condition of use of this site that Users agree to these Terms and Conditions.
By registering to use this site Users agree to be bound by these Terms and Conditions.

Identification
The User warrants that they are either the person, or in the case of a corporation, an authorised representative of the corporation, that is named as the User in the registration form. It is a breach of this User agreement and also a misrepresentation with both potential civil and criminal consequences for a person to register as a User that they are not authorised to represent for this purpose.
The Owner reserves the right at any stage to contact a User to confirm both the validity of the account and also the currency and security of the passwords used.

Unavailability
From time to time information that would normally be available through the site (including supplier's catalogs) may not be able to be accessed online because of technical or other problems. The Owner, and the Service Provider expressly excludes liability to any User of this site in respect of the unavailability of content regardless of whether or not this unavailability is caused by the negligence of the Owner or the Service Provider.

Privacy and Storage of your personal information
It is necessary for the Owner to capture information about you in order to provide the services offered through this website. The use of the information and your rights in respect of it is set out in the Privacy Statement on this Website.

Pricing
Whilst all effort is made to keep pricing on this website up to date it is possible at times it may be out of date. As such prices on this website should only be considered as an "invitation to treat" rather than as an offer to provide these products at these prices. Your order and payment of goods will be deemed to be an offer and acceptance only happens when we accept the order. The website automatically sends you an order confirmation email. This email merely acknowledges that we have received your order but does not commit us to supply at the prices contained in the offer. Acceptance of your offer will be communicated manually.

Indemnity
The User agrees to indemnify the Owner and the Service Provider against any claim for loss or damage of any kind by any third party arising out of, or in relation to, the use of the Website by the User.

Copyright
Material on this site is all the copyright of the Owner or the Service Provider and the copying or use of this information is not permitted unless prior written permission is received from the site owner.

Payment
GN Sports offers Credit/Debit Card or PayPal payment methods. All payments options are securely processed via the respective third-parties: StraightsSell for credit and debit cards, PayPal for PayPal payments. You do not require a PayPal account to use the Credit/Debit Card option. We accept Visa and MasterCard only.
If you are experiencing issues with PayPal, please contact those companies directly about the issue. GN Sports is unable to correct issues relating to these payment methods as we do not control them. These companies keep your information safe and therefore will not deal with us directly on matters, only with you as their customer.
If you are having difficulty checking out, or paying with your credit card - please verify your payment details, that your card is active and that it has the correct funds available. If this is definitely the case and you are still experiencing issues, please email our Customer Care team at orders@gnsports.com for further assistance.
In the event that you suspect you have placed a duplicate order, please email Customer Care at orders@gnsports.com immediately so that we can investigate the issue and have the duplicate order payment reversed before it is processed. Any duplicate orders that have been shipped before GN Sports has been notified will be refunded once the order has been returned to our Returns Address.
All payments to GN Sports are securely processed using industry-grade TSL security. Your credit card number and PayPal login details are secured with and solely by them. GN Sports is never, at any time, able to see your credit card information including the name, number, expiry and CVV. GN Sports is never able to see your PayPal account information, only the username or email address with which your account is associated.

TRADING TERMS

The goods for sale by Gray-Nicolls Sports Pty. Ltd. are sold under the following terms and conditions, and may only be sold or offered for sale under these conditions to the Customer. The placing of an order or acceptance of the goods is deemed to constitute an agreement to observe and be bound by such conditions and any concession, latitude or waiver that may be or may have been allowed by Gray-Nicolls at any time shall not prevent Gray-Nicolls subsequently exercising its full rights under these Trading Terms. These terms of trade take precedence over any terms of trade contained in the Customer’s purchase order or elsewhere.

1. DEFINITIONS

(a) “ACL” means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth) as varied, amended or replaced from time to time.

(b) “The Customer” shall mean the individual or company to whom the goods are sold.

(d) “Event of Default” has the meaning set out at clause 19.

(e) “Goods” shall mean any products sold by Gray-Nicolls under its own name or any other Trademark owned or controlled by Gray-Nicolls.

(f) “Gray-Nicolls” shall mean Gray-Nicolls Sports Pty Ltd (A.C.N. 004 999 044).

(g) “Loss” includes, but is not limited to, costs (including party to party legal costs), expenses, lost profits, award of damages, personal injury and property damage.

(h) “PPS Act” means the Personal Property Securities Act 2009.

(i) “Small Business Commissioner” means the person appointed as such under the Small Business Commissioner Act 2003.

2. ORDERS

(a) All orders for goods shall be placed with Gray-Nicolls Head Office or a GN Sales Representative

(b) All orders are subject to acceptance by Gray-Nicolls and may be refused in part or in full where Goods are unavailable for any reason.

(d) Once orders are placed, the Customer cannot cancel or vary an order without the written approval of Gray-Nicolls, except where otherwise provided for in these Trading Terms.

(e) Gray-Nicolls may suspend or cancel orders where:

i. The Customer breaches any of the Trading Terms contained herein;

ii. The Customer commits an Event of Default;

And upon such suspension or cancellation, the Customer must reimburse Gray-Nicolls any Loss incurred by Gray-Nicolls as a consequence.

3. ON-SELLING OF GOODS

(a) The Customer is only permitted to sell the goods for purchase by the general public in Australia unless otherwise agreed in writing by Gray-Nicolls.

(b) The Customer must not on-sell the goods at a wholesale level to any other person or entity.

(c) Failure to observe any provision in this clause 3 may lead to suspension or cancellation of any retail account pursuant to clause 10 herein in addition to obtaining any other legal remedies available to Gray-Nicolls.

4. PRICES

(a) All prices quoted are "ex-factory".

(b) Goods will be invoiced at the price ruling at the date of dispatch and are subject to change without notice.

5. DELIVERY

(a) All goods valued in excess of $250, excluding tax, will be delivered free into store in capital cities.

(b) Transport arrangements will be made by Gray-Nicolls and if a customer wishes to make other arrangements any additional cost will be payable by the customer.

6. LOSS OR DAMAGE IN TRANSIT

(a) Gray-Nicolls is not responsible to the Customer or any person claiming through the Customer for any loss or damage to Goods in transit caused by any event of any kind or by any person (whether or not the Seller is legally responsible for the actions of that person).

(b) Gray-Nicolls agrees to provide the Customer with such assistance as may be reasonably necessary to institute claims against a carrier for damages to Goods in transit so long as the Customer:

i. has notified Gray-Nicolls and the carrier in writing immediately after loss or damage is discovered by the Customer on receipt of Goods; and

ii. serves a claim for compensation on the carrier within 5 days of the date of receipt of the Goods.

7. MINIMUM PURCHASE QUANTIIES

(a) Gray-Nicolls may agree to supply the Customer on the condition that the Customer meets any minimum purchase quantities as advised to the customer from time to time (Minimum Purchase Quantities).

8. SMALL ORDER SURCHARGE

(a) A handling surcharge of $10.00 will be applied to any order under $250 (excluding tax).

9. ACCOUNTS AND COLLECTION COSTS

(a) Accounts are due for payment in full, at the time notified to the Customer by Gray-Nicolls, as follows:

i. by the end of the calendar month following that of the date of invoice; or

ii. Within seven (7) days from date of invoice; or

iii. Prior to delivery of goods.

As per the RBA standard any payments made by credit card will incur a 1.5% surcharge

(b) Failing election by Gray-Nicolls pursuant to clause 9(a), the due date for payment is prior to delivery of goods.

(c) In cases of payment prior to delivery of goods, referred to in clause 9(a) and 9(b), full payment must be made in the form of cleared funds and received by Gray-Nicolls prior to the delivery of goods.

(d) Any discounted prices offered by Gray-Nicolls will be conditional upon payment being made in accordance with the advised payment terms.

(e) Gray-Nicolls reserves its right to offer and negotiate discounts at its sole discretion.

(f) Interest may be charged at a rate of 1% per month on any amount not paid by the due date.

(g) Gray-Nicolls may in its complete discretion apply any payment received from the Customer to any amount owing by the Customer to Gray-Nicolls.

(h) The Customer is not entitled to retain any money owing to Gray-Nicolls regardless of any default or alleged default by Gray-Nicolls of these terms of trade, including (but not limited to) the supply of allegedly faulty or defective Goods or a delay in the provision of Goods. Nothing in this paragraph affects the Customer's rights for any alleged failure of a guarantee under the ACL.

(i) In the event payment is not made by the due date, Gray-Nicolls may claim any costs associated with collection of monies due.

(j) The Customer and Gray-Nicolls agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.

10. SUSPENSION AND CANCELLATION OF A RETAIL TRADING ACCOUNT

(a) Gray-Nicolls may suspend any account or cease supply temporarily or permanently, if any of the following occurs:

i. The account is not paid in full by the due date; or

ii. If the Customer’s trading with Gray-Nicolls is below the trading levels required by Gray-Nicolls as may be notified by Gray-Nicolls in writing to the Customer from time to time; or

iii. the customer sells or offers to sell counterfeit Gray-Nicolls products; or

iv. the Customer engages in deceptive or illegal conduct that has an adverse effect on Gray-Nicolls; or

v. On-sells or supplies Gray-Nicolls products in any manner other than permitted under the Trading Terms

vi. the customer fails to observe any Gray-Nicolls Trading Term or other guideline or policies issued from time to time whatsoever.

(b) In the event of suspension of an account, Gray-Nicolls may, at its sole discretion:

i. Cancel the balance of the current and any future month’s order hold;

ii. Refuse to process any further orders.

iii. Take any legal action necessary to recover the monies owing.

iv. Elect to close the account permanently.

11. TITLE AND RISK

(a) Risk in the Goods passes to the Customer immediately upon delivery.

(b) Title and ownership to the goods shall remain with Gray-Nicolls until all monies owing by the Customer to Gray Nicolls have been paid in full (whether such monies are in respect of the monies payable under a specific contract or on any other account whatsoever).

(c) Until title and ownership has passed in accordance with clause 11(b), the Customer shall hold the goods as bailee thereof.

(d) The Customer shall have rights to deal with the goods in the ordinary course of business on the basis that the monies received as a result of such dealing shall be held by the Purchaser upon trust on behalf of Gray-Nicolls until monies owing by the Customer to Gray-Nicolls have been paid in full.

(e) If the Customer has not paid Gray-Nicolls by the due date, Gray-Nicolls shall be entitled to immediately recover possession of all or any of its goods sold to the Customer (and the Customer grants its irrevocable permission for Gray-Nicolls or its authorised representatives to enter upon its premises to conduct a stocktake and recover all or any goods delivered by Gray-Nicolls forming part of the Customer’s inventory and proof of supply of individual Gray-Nicolls goods shall not be required).

12. PPS ACT

(a) The Customer agrees that the effect of clause 11(b) is to grant Gray-Nicolls a Security Interest, being a Purchase Money Security Interest, in any goods supplied, and in any proceeds of goods sold, under these Trading Terms.

(b) These Trading Terms constitute a Security Agreement as defined in the PPS Act.

(c) Should Gray-Nicolls elect to perfect its Security Interest, the Customer hereby consents to Gray-Nicolls perfecting its Security Interest, without further notice to the Customer, in any goods supplied, and in any proceeds of goods sold, by registration under the PPS Act

(d) The Customer agrees to do anything, within three (3) business days of receiving written request from Gray-Nicolls, to enable it to register the Security Interest.

(e) Gray-Nicolls may allocate any amounts received from the Customer in any matter it determines, including in any manner to preserve any Security Interest it has in any goods, but in default will apply same first to payment of any unsecured amount owing to Gray-Nicolls, next as to any reasonable enforcement expenses and then as to any secured balance owing to Gray-Nicolls.

13. ENFORCEMENT

(a) For the purposes of the PPS Act and insofar as permitted under the PPS Act:

i. The customer and Gray-Nicolls contract out of each provision which, under section 115(1) and 115(7) of the PPS Act, they are permitted to contract out of;

ii. The Customer waives its right to receive each notice of registration event under which section 157(3) of the PPS Act, it if permitted to waive; and

iii. The Customer waives its right to receive anything from Gray-Nicolls under section 275 of the PPS Act.

14. RETURNS

(a) No returned goods will be accepted unless previously agreed by Gray-Nicolls or otherwise in accordance with the Australian Consumer Law.

(b) Customers are requested to obtain a “Goods Return Authority Number” before returning goods.

(d) Goods must be returned carriage paid.

(e) Unless faulty; returned goods must be received in a saleable condition with original packaging intact. In the instance this is not the case Gray-Nicolls reserves the right to not issue a full credit.

15. CLAIMS FOR NON-DELIVERY, SHORTAGE, DAMAGE, ETC.

(a) No claim will be recognised by Gray-Nicolls unless:

i. if upon delivery, any portion of the consignment is damaged or any package missing, or if the goods covered by the invoice are damaged or do not tally, the Customer must advise Gray-Nicolls and the carriers in writing within seven (7) days of delivery.

ii. in the event of non-delivery of an order, or any separate package missing, Gray-Nicolls must be advised within seven (7) days of invoice.

Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the ACL.

(b) If the customer has elected for a delivery to be left at unattended premises; it is deemed Goods were received by the customer at that time they are left.

(c) No liability whatsoever (except as provided by law) will be accepted by Gray-Nicolls for any direct or indirect loss or damage relating to delivery of products, account suspension or closure or any other act or omission on the part of Gray-Nicolls or of any servant, agent, or contractor of Gray-Nicolls in relation to these Trading Terms unless the same occurs because of the wilful act or default or negligence of Gray-Nicolls, its servants, agents or contractors in which case liability is limited at Gray-Nicolls discretion to the replacement of goods or the payment of the cost of having the goods resupplied.

16. RIGHT TO WITHHOLD DELIVERY

(a) If any of the customers' accounts become overdue, then until the overdue monies have been paid, Gray-Nicolls is entitled to withhold delivery of the goods or any part thereof.

17. EXCLUSIONS AND LIMITATIONS OF LIABILITY

(a) The Customer expressly agrees that use of the Goods is at the Customer's risk. To the full extent allowed by law, Gray-Nicolls' liability for breach of any term implied into these terms of trade by any law is excluded.

(b) All information, specifications and samples provided by Gray-Nicolls in relation to the Goods are approximations only and, subject to any guarantees under the ACL, small deviations or slight variations from them which do not substantially affect the use of the Goods will not entitle the Customer to reject the Goods upon delivery or to make any claim in respect of them.

(c) Under no circumstances is Gray-Nicolls liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:

i. any Goods supplied to the Customer;

ii. any delay in supply of the Goods; or

iii. any failure to supply the Goods.

(d) Any advice, recommendation, information, assistance or service given by Gray-Nicolls in relation to Goods, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. Gray-Nicolls does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service.

(e) To the fullest extent permissible at law, Gray-Nicolls is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods, or otherwise arising out of the provision of Goods, whether based on terms of trade, negligence, strict liability or otherwise, even if Gray-Nicolls has been advised of the possibility of damages.

(f) The Customer acknowledges that the Goods are not for personal, domestic or household purposes.

(g) The ACL may give to the Customer certain consumer guarantees, which cannot be restricted, limited or varied.

(h) Where liability under the ACL cannot be excluded, Gray-Nicolls' liability for Goods manufactured by it is limited to making good any defects. This must be done by repairing the defects or, at Gray-Nicolls' option, by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched. This applies so long as:

(i) the defects have arisen solely from faulty materials or workmanship;

(ii) the Goods have not received maltreatment, inattention or interference;

(iii) the seals of any kind on the Goods remain unbroken; and

(iv) the defective parts are promptly returned free of cost to Gray-Nicolls.

18. TRADEMARKS AND INTELLECTUAL PROPERTY

(a) The Customer hereby acknowledges that Gray-Nicolls trademarks and the intellectual property and goodwill attached to them are the exclusive property of Gray-Nicolls and its affiliated organisations or bodies and no right, title or interest therein is transferred by these Trading Terms or any of Gray-Nicolls guidelines or policies or any other transaction with the Customer and any use of such trademarks on store signage or otherwise by the Customer is prohibited unless otherwise approved in writing by Gray-Nicolls.

19. EVENT OF DEFAULT

(a) Each of the following occurrences constitutes an event of default:

i. the Customer breaches or is alleged to have breached these terms of trade for any reason (including, but not limited to, defaulting on any payment due under these terms of trade) and fails to remedy that breach within 7 days of being given notice by Gray-Nicolls to do so;

ii. the Customer purports to assign its rights under these terms of trade without Gray-Nicolls 's prior written consent;

iii. the Customer ceases or threatens to cease conduct of its business in the normal manner.

iv. the Customer, being a natural person, commits an act of bankruptcy;

v. the Customer, being a corporation, is subject to:

1. a petition being presented, an order being made or a meeting being called to consider a resolution for the Customer to be wound up, deregistered or dissolved;

2. a receiver, receiver and manager or an administrator under part 5.3A of the Corporations Act 2001 (Cth) being appointed to all or any part of the Customer's property and undertaking;

3. the entering of a scheme of arrangement (other than for the purpose of restructuring); and

4. any assignment for the benefit of creditors;

(b) Where an event of default occurs, except where payment in full has been received by Gray-Nicolls, Gray-Nicolls may:

i. terminate these terms of trade;

ii. terminate any or all orders and credit arrangements (if any) with the Customer;

iii. refuse to deliver Goods;

iv. pursuant to paragraph 11(b), repossess and re-sell any Goods delivered to the Customer, the payment for which has not been received; or

v. retain (where applicable) all money paid by the Customer on account of Goods or otherwise.

(c) In addition to any action permitted to be taken by Gray-Nicolls under paragraph (b), on the occurrence of an event of default all invoices will become immediately due and payable.

20. WAIVER

(a) Any failure of Gray-Nicolls at any time to require performance by the Customer of any provision of these Trading Terms or the acceptance of payment of any sum after its due date does not waive Gray-Nicolls rights.

21. SEVERANCE

(a) If any provision of these Trading Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Trading Terms shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law or equity.

22. NO VARIATION OF THESE CONDITIONS OF SALE PERMITTED

(a) No variations or additions to these conditions of sale will be recognised by Gray-Nicolls unless accepted and confirmed in writing.

(b) Gray-Nicolls shall have the right, upon thirty (30) days notice to the Customer, to vary all or any of these Trading Terms and variations shall then apply to all subsequent orders placed by the Customer.

23. ENTIRE AGREEMENT

(a) These Trading Terms shall constitute the entire Agreement between Gray-Nicolls and the Customer in relation to the sale and delivery of product and any previous agreements, understandings, negotiations and all express or implied warranties to the extent permitted by law shall cease to have any legal status or effect.

24. ASSIGNMENT

(a) The Customer shall not assign or transfer any of its rights or obligations under these Trading Terms without the prior written consent of Gray-Nicolls.

(b) Gray-Nicolls has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these terms of trade provided that the assignee agrees to assume any duties and obligations of Gray-Nicolls owed to the Customer under these terms of trade.

25. CHANGE OF OWNERSHIP

(a) The Customer must notify Gray-Nicolls in writing of any material change in the Customer’s legal organisation, ownership or group affiliations, prior to such change. Any such change will constitute a transfer or assignment under clause 24(a).

(b) Notwithstanding subclause 25(a), the Customer shall remain liable for payment for any Gray-Nicolls goods supplied by Gray-Nicolls.

26. DISPUTE RESOLUTION

(a) In the event of a dispute between Gray-Nicolls and the Customer, the complainant is first required to serve the other party to the dispute a written notice specifying the nature of the dispute and the outcome sought.

(b) Secondly, each party must make a good faith attempt to resolve the dispute by negotiation.

(c) Failing resolution of the dispute, the parties shall apply to have the dispute heard by the Small Business Commissioner.

27. FORCE MAJEURE

(a) Any delay in the performance of Gray-Nicolls obligations caused by an event or circumstance outside its reasonable control shall not be attributable to Gray-Nicolls nor constitute a breach of these Trading Terms and Gray-Nicolls shall have the right to extend the estimated delivery time by a period sufficient to take account of the relevant event or circumstance, subject to Gray-Nicolls and/or the Customer cancelling orders where the extension continues for an uninterrupted period of three (3) months.

(b) Circumstances beyond Gray-Nicolls' control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, pandemic, epidemic, fire, war, acts of God, government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

28. TIME IS OF THE ESSENCE

(a) Stipulations as to time in these Trading Terms for performance by the Customer are of the essence.

29. CONFIDENTIALITY

(a) Gray-Nicolls and the Customer hereby agree that, notwithstanding any other clause of these Trading Terms, the will not disclose any information of the type referred to in section 275 (1) of the PPS Act unless they are required to do so under section 275(7) of the PPS Act.

30. GOVERNING LAW & JURISDICTION

(a) These Trading Terms shall be deemed to have been made in the state of Victoria and shall be governed by the laws of that State and the laws of the Commonwealth of Australia as they apply. The parties further submit to the non-exclusive jurisdiction of the courts with jurisdiction.