ActiveTri welcomes you!
As always, there is a page with the small print. This is it! Please read through our Terms and Conditions of Sale and Use, as well as our Returns and Privacy Policies, by using the boxes below.
Our Returns Policy includes the rights have you have under the Australian Consumer Law (if you are a consumer), and does not seek to exclude or limit these. If you are a consumer under the Australian Consumer Law:
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably 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.
- Your rights under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law does recognise that the relevant time period for which a remedy may be available can vary from product to product, depending on factors such as the nature of the product and the price. ActiveTri adopts the same approach. As you can appreciate, the type of remedy we can offer you may also vary depending on how long it takes you to return the product to us.
- Consumer Guarantees have no set time limit but generally last for an amount of time that is reasonable to expect given factors including the cost and quality of the product or any representations made.
How to return a faulty item:
If you suspect your item is faulty or not working properly, please call us on 07 40 300 100 so that we can offer troubleshooting advice over the phone. For a lot of products, we can resolve issues over the phone. If you prefer, you may bring your product into our store to be assessed. Alternatively, you can post your product back to our store for assessment. Please note that a mandatory, non-refundable inspection fee (subject to change, at this time $55.00 inc GST) is payable in full before any assessment takes place. This includes items covered by manufacturer warranty as the warranty covers the product, not labour incurred to make the assessment. If a fault is found, you are welcome to ask us to handle the warranty process for you for a fee or to deal directly with the manufacturer (which is the quicker method).
In order to obtain any remedy from us, you must provide us with proof of purchase that clearly shows that ActiveTri was the merchant.
Who pays for inspection/freight?
Any expenses relating to returning your product to us and having the item assessed will have to be paid by you. We can quote you on the costs to send the item to the manufacturer and the repaired/new item back to you. These costs must be paid by you before the item is sent to the manufacturer for repair or warranty replacement. It is easier and in most cases cheaper to arrange the warranty directly with the manufacturer, as they will normally pay the cost of returning the repaired or replacement to you.
Can I return an item if it is not faulty?
As a retailer we are not obliged to accept return of goods purchased via our store unless required under Australian Consumer Law.
We do not have to accept returns if you changed your mind, found it cheaper somewhere else, decided you did not like the purchase, or had no use for it. Please make your choice with this in mind.
We can only accept non-faulty goods for return in the following circumstances:
- You have a valid receipt or other proof of purchase with this store
- You were offered a return acceptance within a particular time frame, by the sales person at the time of purchase. You will need to have a careful record to prove this, and the goods must be complete with all packaging and accessories, and in as-new condition.
If you wish to return your non-faulty product outside of the above conditions, our Store Manager may consider your request and determine a re-stocking fee based on the conditions of the goods and date of purchase. At our prerogative, any refund agreed upon may be in a form other than cash or credit/debit card reversal, for example cheque or bank transfer.
For more information on your consumer rights, please visit www.consumerlaw.gov.au.
ActiveTri reserves the right to, at any time:
- amend, update, change or remove any part of this website;
- stop or suspend the operation of this website.
You acknowledge and agree that:
- this website and its contents are provided to you on an “as is” basis;
- information on this website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and
- any answers provided to questions published on this website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
Except to the extent required by law:
- ActiveTri makes no representations or warranties of any kind as to the operation or availability of this website or the information, content or materials included on this website, and all implied representations or warranties in relation to the operation or availability of this website or the information, content or materials included on this website are excluded; and
- ActiveTri is not liable for any loss suffered by you in connection with the unavailability of this website and/or the use of this website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
This website and its contents are subject to copyright. The copyright is owned by ActiveTri, or in the case of some material, third parties.
You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this website is prohibited.
Nothing contained in this website shall be construed as granting any licence or right to use any trade mark displayed on this website.
Mode of Access
In order to use this website, you will need internet access, devices and systems which are compatible with this website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). ActiveTri has no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website.
Third Party Websites
This website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. ActiveTri is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. ActiveTri will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Except to the extent otherwise required by law, ActiveTri will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this website.
Material Submitted By You
Certain parts of this website may allow you to submit materials (including links to third party content) which can be accessed and viewed by the public (UGC). By using these features, you acknowledge and agree that:
- the submission and display of your UGC on this website, is not in breach of any third party’s rights or any applicable laws;
- you waive all moral rights that you may have in your UGC;
- none of your UGC is subject to any obligation of confidence on the part of ActiveTri, its officers, directors, agents, related bodies corporate, employees and third party service providers;
- ActiveTri has no obligation to monitor UGC but may do so and may edit, amend or remove UGC in its absolute discretion without notice to you;
- you will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
- you will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this website or any computer software or equipment;
- your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libellous, hateful, racially biased or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
- you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to ActiveTri to use and display your UGC on this website, modify, adapt, publish, create derivate works from, sell and distribute your UGC, without any compensation or obligation to you;
To the extent that your UGC includes a rating or review of a product or service, by submitting your UGC, you further represent and warrant to ActiveTri that:
- you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;
- save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
- save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.
To the extent your UGC includes a question or query, you acknowledge that ActiveTri may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
Notice and Takedown Procedure
- your name;
- your address;
- your phone number;
- your email address;
- information to allow us to find the relevant content on this website;
- where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).
Terms and Conditions for Goods Sold by The Trustee for Blue Oceanic Trust from ActiveTri.com.
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and The Trustee for Blue Oceanic Trust (ABN 34 868 841 046) (“ActiveTri”) and apply to the ordering purchase, fulfillment and delivery of goods (“Goods”) from activetri.com. By placing an order for Goods from ActiveTri you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of Goods.
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“International Delivery Charges” has the meaning given in Section 3.5;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Pre-Orders” means an Order placed for a product prior to the official release date of that product;
“Website” means activetri.com.
2. Your Legal Rights
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that ActiveTri represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. Pricing and Taxes
- Prices for Goods are as shown on the Website and are always in AUD (Australian Dollars) and exclude GST. ActiveTri is not registered for GST at this time.
- ActiveTri reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by ActiveTri.
- In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.
- In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply ActiveTri will contact you before shipping your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, ActiveTri will cancel your Order. ActiveTri will not ship your Order until you have confirmed your acceptance of and paid the Additional Delivery Charge.
- If ActiveTri agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). ActiveTri will contact you before shipping your Order and provide you with a quote for the International Delivery Charges. You will also be responsible for any foreign taxes or duties that apply including, without limitation, any customers or import duties. ActiveTri will not ship your Order until you have confirmed your acceptance of and paid the International Delivery Charges.
- By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
- All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are exclusive of GST.
4. Your Account
- If you do not already have an Account you will need to create one before placing an Order.
- You may not set up an Account for someone else.
- Please ensure that you enter all information carefully when creating an Account. You warrant to ActiveTri that all information provided by you in relation to your Account is complete, true and accurate.
- You must notify ActiveTri immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), ActiveTri will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
- your Account information being incomplete or inaccurate; or
- any unauthorised use of your Password or Account which takes place before you notify ActiveTri, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- If ActiveTri suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify ActiveTri then you must pay ActiveTri the amount of that loss, damage, cost or expense if ActiveTri asks you to.
- You can place an Order by following the instructions on the ActiveTri website.
- An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. ActiveTri may accept or reject your offer in its absolute discretion. In particular, but without limitation, ActiveTri may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact firstname.lastname@example.org.
- Each Order that you place will, if accepted by ActiveTri, be a separate and binding agreement between you and ActiveTri with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
- If you place an Order for someone else to receive the Goods you must obtain their consent before providing ActiveTri with their personal information and, by placing an Order, you confirm to ActiveTri that you have done this.
- Please ensure that you enter all information carefully when placing an Order. You warrant to ActiveTri that all information provided by you in relation to each Order is complete, true and accurate.
- Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by ActiveTri. ActiveTri will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), ActiveTri will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by ActiveTri, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
- Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. ActiveTri cannot consolidate separate Orders into one delivery.
- Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types. Please note that Delivery Charges, Additional Delivery Charges and International Delivery Charges are weight based and consequently you may be required to pay a separate Delivery Charge and any applicable Additional Delivery Charge and International Delivery Charge for each of the Goods ordered, regardless of whether they are delivered to you separately or in one delivery.
- You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
- The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
- You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), ActiveTri will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.11 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. After you have submitted on Order and Payment
- When you submit an Order you will receive an Order reference number or Invoice via e-mail.
- ActiveTri will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by ActiveTri when ActiveTri does this, however ActiveTri may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that ActiveTri cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1.
- When ActiveTri accepts an Order it represents an agreement by ActiveTri to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
- You must pay for Goods by credit card (through the Paypal or Stripe systems), Apple Pay (through the Stripe system) or a PayPal account.
- ActiveTri reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
- ActiveTri may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:
- where our fraud detection systems detect possible irregularities;
- because your financial institution has declined payment; or
- because your payment card has expired.
Where this is the case, your Order will be placed on hold and ActiveTri will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with ActiveTri’s requests within the timescale specified, ActiveTri may cancel your Order.
7. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. Cancellation of Orders
- ActiveTri reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. ActiveTri may do this for example, but without limitation, where:
- ActiveTri’s suppliers are unable to supply Goods that they have previously promised to supply;
- an event beyond ActiveTri’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that ActiveTri is unable to supply the Goods within a reasonable time;
- Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
- you ask ActiveTri to cancel your Order in accordance with section 5.6; or
- in the circumstances set out in Sections 3.4 or 6.6.
- You may cancel your Order where ActiveTri:
- has breached a material term of this Agreement;
- is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
- Where ActiveTri cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
- In the event of ActiveTri or you cancelling your Order after payment has been processed, ActiveTri will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, ActiveTri will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. Availability of Goods
- As ActiveTri is dependent upon its Suppliers to provide stock, ActiveTri cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. ActiveTri reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), ActiveTri will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
- Goods will generally only be delivered to addresses within Australia. ActiveTri is unable to deliver to certain parts of Australia and where this is the case the Website will reject your Order. ActiveTri may, in its absolute discretion, agree to accept Orders for products for delivery outside Australia but is under no obligation to do so.
- Where requested, ActiveTri will deliver to PO Boxes in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box and you have input a PO Box as the delivery address when placing your Order, ActiveTri will call you to arrange an alternative delivery address.
- Following dispatch of your Goods, ActiveTri will email you with confirmation of dispatch and an invoice for your Order.
- On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
- If you require Goods that you have ordered to be re-directed to an address which is not the original Order address ActiveTri may charge you a reasonable fee for doing this.
- Goods will be labelled on the Website as “In Stock”. ActiveTri aims to have the Goods dispatched to you within 5 business days. In some circumstances in-store purchases may deplete stock – in this instance the Goods will need to be ordered from the supplier. ActiveTri aims to have the Goods dispatched to you within 7-10 business days.
- Delivery of Orders should occur within standard Australian Post delivery times, i.e. 3-7 days. Remote deliveries are subject to local transport schedules and may take longer. Where an Order is to be delivered outside Australia, delivery time will be advised.
- ActiveTri’s arrangements with its suppliers means that ActiveTri is only permitted to dispatch online Pre-Orders on the official release date of the Goods offered for Pre-Order. Goods ordered up to 14 days prior to the official release date will be dispatched from our warehouse on or as close to the official release date via standard post, and may therefore arrive at designated addresses within Australia up to five working days after dispatch. Delivery outside Australia or to locations covered by clause 3.4 above is likely to take longer. Goods ordered within 14 days prior to the official release date may not be dispatched until after the official release date.
10. Pick-up of Goods In-store
- Some Goods can be picked up from the ActiveTri store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.
- Only the relevant ActiveTri Account holder may pick-up in-store Goods ordered on that Account.
- If you choose to pick up your Order in store, You will be sent an email to advise when the Goods are available for collection and you can then collect the Goods during business hours the same or next business day..
- When picking up Goods in store:
- you must provide photo identification (current drivers licence, passport) to store staff to verify that you are the purchaser. If requested, you must allow ActiveTri to take a copy of this identification for fraud prevention purposes. The copy will not be used by ActiveTri for any other purpose or disclosed to any person outside of ActiveTri;
- you will also need to bring the email that ActiveTri has sent to you confirming that the stock is available for pick-up; and
- store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event ActiveTri will contact the person who placed the Order using the contact details provided.
- In respect of the estimated time for collection, references to “same day” or “next day” on the Website refer to weekdays and exclude weekends.
11. Delay in Availability or Delivery of Goods
- You agree and acknowledge that:
- ActiveTri does not guarantee the delivery or availability of Goods within the timeframes set out in Sections 9.7 – 9.9 or 10.3 above or otherwise specified by ActiveTri or any of its staff;
- events outside ActiveTri’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
- delays are particularly likely to occur around Christmas, Easter and public holidays; and
- except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither ActiveTri nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. Gift Cards, Vouchers and Loyalty Points
- ActiveTri does not current offer gift cards, vouchers or loyalty points. ActiveTri reserves the right to implement any of these at any time.
13. Refunds of your Money
- Where ActiveTri is obliged to refund your payment pursuant to these Terms and Conditions, ActiveTri aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 4 p.m Brisbane time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), ActiveTri will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
14. Returns for Faulty or Damaged Goods
- You should check your Goods as soon as they are delivered to you in order to ensure that:
- they are what you ordered;
- and they are not damaged or faulty.
If this is not the case you should contact ActiveTri at email@example.com or call +61 7 40 300 100 as soon as possible.
- If you have a problem with any Goods or otherwise wish to return them please refer to ActiveTri’s Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any ActiveTri store, you can also contact us at firstname.lastname@example.org.
- When returning Goods:
- provide ActiveTri with your proof of purchase;
- it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
- You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
15. More Information about ActiveTri’s Liability to You
- To the full extent permitted at law, ActiveTri is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
- ActiveTri reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
- Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
- These Terms and Conditions are governed by the laws of Queensland, Australia.
The Trustee for Blue Oceanic Trust and its subsidiaries (“ActiveTri”) recognise that your personal information is important to you and that you are concerned with its collection, use and disclosure. ActiveTri, like other companies operating in Australia, is bound by the National Privacy Principles as set out in the Privacy Act 1988 (Cth) which set clear standards regarding these activities.
This policy contains information about:
- when you can deal with ActiveTri anonymously;
- the purposes for which ActiveTri collects, holds, uses and discloses personal information;
- the types of personal information that ActiveTri collects;
- how ActiveTri collects and holds personal information;
- how you may access the personal information that ActiveTri holds about you, and how you may seek correction of that personal information; and
- how you may complain about a breach of the Australian Privacy Principles by ActiveTri and how ActiveTri will deal with such a complaint.
We may also use your personal information for other purposes related to those described above which would be reasonably expected by you.
When can you deal with ActiveTri anonymously?
Generally, you can deal with ActiveTri anonymously (i.e. without identifying yourself). In certain circumstances however, ActiveTri will ask you to provide personal information because it is required by law to do so, or because it would be impracticable to deal with you anonymously. These circumstances include where you order goods online (including when you pick up such goods from one of our stores), where you return goods for repair, where you purchase goods to be delivered or installed, where you create a ActiveTri account, where you enter one of our competitions, when you submit a request, enquiry, complaint, consumer guarantee or warranty claim, when you pre-order goods and when you purchase goods on lay-by.
Why does ActiveTri collect, hold, use and disclose personal information?
ActiveTri collects, holds, uses and discloses personal information for a number of purposes connected with our business operations, which include:
- providing you with products and/or services requested;
- dealing with requests, enquiries, complaints, consumer guarantee or warranty claims, and other customer care related activities;
- marketing our products and services and providing advice on our products;
- developing and improving our products and services;
- in connection with our loyalty or reward programmes and competitions;
- the operation and administration of accounts or subscriptions that you have with us (including certain features of ActiveTri accounts or subscriptions through which other users can view certain information about you, unless you opt out of these features);
- payment processing;
- carrying out certain checks (for example, for our fraud or theft prevention processes, if you wish to open an account with us, obtain credit from us or pick-up goods in-store that have been ordered online);
- interacting with companies or organisations with whom ActiveTri has a business relationship (where you work for, or otherwise represent, such an organisation);
- reconciling payments due to ActiveTri from suppliers in relation to goods or services provided to you by those suppliers;
- purposes relating to any third party acquisition or potential acquisition of an interest in ActiveTri or its assets;
- complying with our obligations under agreements with third parties (for example, under our authorised dealer arrangements with Garmin, Volare, DMC Swim and others for warranty purposes); and
- carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with, or in connection with legal proceedings, crime or fraud prevention, detection or prosecution.
We may also use and disclose your personal information for other purposes related to those described above which would be reasonably expected by you.
Documents (including hard copy documents and electronic documents such as emails) which coincidentally contain personal information will also be retained in accordance with ActiveTri’s normal document retention practices for accounting, legal and business purposes.
Generally, you have no obligation to provide any personal information requested by us. However, if you choose not to do so where we require this information, we are unlikely to be able to provide you with the goods and services that you want.
What personal information does ActiveTri collect?
The kinds of personal information we collect or which we may hold about you may include:
- your name;
- your address;
- your date of birth;
- your telephone number(s);
- your e-mail address;
- payment information;
- transaction information;
- your user name and password;
- information contained on identification documents (such as driving licences) and, in some specific cases, copies of such identification documents, where we require these to verify your identity;
- information on how you use our products and services;
- your Internet Protocol (“IP”) address, server address, domain name and information on your browsing activity when visiting one of our websites;
- your user name for social networking sites that you use, to refer to, or in conjunction with, our goods and services; and
- personal preferences regarding products and services.
How does ActiveTri collect and hold your personal information?
We collect personal information in a number of ways including:
- when you order goods or services from us (either online, in-store or over the telephone);
- when you set up an account with us;
- when you purchase certain products or extended warranties from us;
- when you buy goods on lay-by or “duty-free” goods;
- when you pay for goods by cheque;
- when you subscribe to our catalogues or mailing lists;
- when you subscribe to any ActiveTri subscription service;
- when you enter competitions or promotions that we run;
- when you provide us your details for customer care purposes;
- when you submit an enquiry using one of our websites;
- when you complete surveys or provide online feedback or product reviews; and
- when you publicly comment about us on social media sites (for example so that we can answer questions about our products).
Generally, ActiveTri will collect your personal information directly from you. However, ActiveTri also holds information, collected incidentally, concerning individuals who work for companies or organisations that have a business relationship with ActiveTri. Additionally, if you apply for a job with ActiveTri, we may collect personal information about you from any third parties that you nominate as your referees in your application.
ActiveTri holds personal information in a number of ways, including:
- as part of customer records and other electronic documents on which personal information is contained which are stored on our information technology systems and servers operated by third parties who provide services to us in connection with our business; and
- by securely storing hard copy documents on which personal information is contained, at our various premises and using third party document management and archiving services.
When you create an account with us your details will be added to our marketing database to receive information relating to ActiveTri and our products. You may also choose to receive such information by subscribing to our marketing database via one of our websites.
To opt-out of receiving ActiveTri marketing materials, you will need to unsubscribe from our marketing database. To do this, simply select the “unsubscribe” option in one of the emails that you receive from us. Please note that if you have an account with ActiveTri, we may still need to send you essential information about your account.
Sharing your personal information
ActiveTri may disclose or receive personal information or documents about you to / from:
- organisations that provide services to us in connection with our business, including customer support, payment processing, administration, archival, data storage, hosting, research, mail and delivery, installation, distribution, logistics, marketing, auditing, share registry, consulting, financial and legal advisory, banking, debt collection, security or technical services and the operation of ActiveTri websites. In some cases these service providers may collect your personal information on our behalf;
- if you return goods to ActiveTri to be repaired, our repairs system administrator, the manufacturer of the goods and authorised repairers;
- law enforcement agencies to assist in the prevention, investigation and prosecution of criminal activities;
- parties involved in any third party acquisition or potential acquisition of an interest in ActiveTri or its assets;
- our insurers and insurance brokers; and
- to other third parties where you have specifically consented to the disclosure of information to these third parties.
Additionally, if you return goods to us on which personal information is stored for repair (for example, on a bike computer or fitness watch) and do not delete that personal information, ActiveTri will send the goods to the repairer. By returning such goods to ActiveTri for repair, you consent to ActiveTri disclosing any personal information contained on the goods to the repairer, by way of ActiveTri sending the goods to the repairer.
Disclosure of personal information to overseas recipients
ActiveTri is likely to disclose the personal information that it collects and holds about you to third parties who are not in Australia (such as third parties who are located in the United States of America, Norway, Japan, and the United Kingdom).
How we deal with your personal information if you apply for a job with us
If you apply for a job with us, you may be required to provide us with certain personal information, including your name, employment and educational background, and other personal information which we may require you to provide, or which you choose to provide us, in relation to your job application.
We will hold, use and disclose that information solely for the purpose of considering your application. In particular, in considering your application, it may be necessary for us to disclose some of that information to third parties to verify the accuracy of that information. In such circumstances, we will disclose only such information as is necessary in the circumstances.
In considering your application, we may also collect personal information about you from any third parties that you nominate as your referees in your application.
Security of your personal information
We will take reasonable steps to ensure that the personal information that we hold is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.
How to access, correct and update your personal information
Upon your request, ActiveTri will provide access to your personal information that we hold (except in certain circumstances set out in the Privacy Act 1988 (Cth)). ActiveTri reserves the right to charge you an administration fee of $25 for providing access to your personal information and will, of course, require some proof of your identify before providing information to you.
You may also request us to correct the personal information that ActiveTri holds about you. If you do so and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, ActiveTri will take such steps as are reasonable in the circumstances to correct your personal information to ensure that, having regarding to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.
To request access to the personal information that ActiveTri holds about you, or to update or correct that personal information, please send a written request to The Privacy Officer, The Trustee for Blue Oceanic Trust, either by email to email@example.com or by pre-paid post to PO Box 741, Edge Hill QLD 4870.
- if you are a subscriber to our marketing database you can also update your details via the “modify your subscription” option in one of the emails that you receive from us;
- if you subscribe to one of our subscription services you can also update your details via that service.
How to make a complaint
If you are concerned that the way ActiveTri collects, holds, uses or discloses your personal information may be in breach of the Australian Privacy Principles, please send written details of your complaint to The Privacy Officer, The Trustee for Blue Oceanic Trust, either by email to firstname.lastname@example.org or by pre-paid post to PO Box 741, Edge Hill QLD 4870.
How ActiveTri will handle complaints
After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. We will then:
- conduct internal discussions with the relevant business units involved in the collection, holding, use or disclosure of your personal information which is the subject of your complaint, and evaluate whether we believe that such collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles; and
- notify you of the results of our investigation of your complaint.
If the conclusion of our investigation is that our collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles, we will take steps to remedy the breach as soon as reasonably practicable.
We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint. However, if your complaint involves complex matters or requires extensive investigation and consultation, it may not be possible to respond within this time-frame.
If you are not satisfied with our response to your complaint you are entitled under the Privacy Act 1988 (Cth) to make a complaint to the Office of the Australian Information Commissioner. Information about how to make a complaint is available from the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.
Additional information for users of our websites
If you visit activetri.com or any other The Trustee for Blue Oceanic Trust website (the “Website/s”) to read, browse or download information, our system may record information such as the date and time of your visit to the Website, the pages accessed and any information downloaded. This information is used (i) for statistical and reporting purposes; (ii) for website administration, security and maintenance purposes; and (iii) to direct you to material on our Websites that we believe will be of interest to you.
Like many websites, our Website may use “cookies” from time to time. Cookies are small text files that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser and your log-in status. Cookies may also be used to record non-personal information such as the date, time or duration of your visit, or the pages accessed, for website administration, statistical and maintenance purposes. Any such information will be aggregated and not linked to particular individuals. The default settings of browsers like Internet Explorer usually allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the Website may not function fully for users that disallow cookies.
While we take great care to protect your personal information on our Website and use state-of-the-art data transmission encryption, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot ensure or warrant the security of any information that you send to us or receive from us online. This is particularly true for information you send to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we use our best efforts to ensure its security in our possession.
The Websites may contain links/ plug-ins to other sites. We are not responsible for content of, or the privacy practices or policies of, those sites.
ActiveTri sometimes handles personal information relying on exemptions under the Privacy Act 1988 (Cth), for example in relation to (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians.
If you have any queries or concerns, further information can be obtained by contacting our Privacy Officer by email at email@example.com or by pre-paid post to PO Box 741, Edge Hill QLD 4870.
The Trustee for Blue Oceanic Trust – ABN 34 868 841 046