Terms and Conditions

  1. 1.0 ACCEPTANCE

    1. 1.1 Police Citizens Youth Clubs NSW (ABN 89 401 152 271) (referred to as PCYC, we, our, or us) permits users (referred to as you or your) to:

      subject to the following terms and conditions.

    2. 1.2 PCYC shall have the right at any time by notice to amend, remove or vary the any page of this Website. Notice may be given by any reasonable means including, but not limited to, posting a revised version of these Terms and Conditions on the Website or notification by electronic mail. Any use of the Website after such notice shall be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions. By using the Website you are agreeing to all the Terms. Your use of the Website is governed by the most recent Terms listed on the Website.

  2. 2.0 ORDERS FOR PRODUCTS THROUGH THE ONLINE STORE:

    1. 2.1 By placing an order via our Website, you are making an offer and commitment to purchase products in accordance with these Terms. When you place an order, you will receive an acknowledgement email confirming receipt of your order.

      This email is only an acknowledgement and will not constitute acceptance of your order. Subject to clause 2.2, PCYC reserves the right to accept or reject an order in its discretion after receipt of the order.

    2. 2.2 Notwithstanding anything to the contrary, we may at any time following receipt of your order accept, decline, or limit your order for any reason. Where we cancel your order, we will exit the Contract of Sale by issuing you with a refund we have received payment from you.2.2 Notwithstanding anything to the contrary, we may at any time following receipt of your order accept, decline, or limit your order for any reason. Where we cancel your order, we will exit the Contract of Sale by issuing you with a refund we have received payment from you.

    3. 2.3 Provided you have not accepted delivery of the products, where possible PCYC may permit an order to be cancelled, but cancellation requests cannot be guaranteed.

  3. 3.0 LIMITATION OF LIABILITY AND CONSUMER GUARANTEES

    1. 3.1 Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy conferred on you by the Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or any other applicable law that cannot be excluded, restricted or modified by agreement. Such rights or remedies include consumer guarantees as to merchantability, fitness for purpose, supply by description, repairs, and title.

    2. 3.2 At PCYC’s option, the limit of liability for a breach of non-excludable guarantee referred to in clause 3.1, to the fullest extent permitted by the law PCYC is limited to:

      • (a) in the case of goods supplied or offered by us, any one or more of the following:

        • (i) the replacement of the goods or the supply of equivalent goods;

        • (ii) the repair of the goods;

        • (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

        • (iv) the payment of the cost of having the goods repaired.

    3. 3.3 Goods may come with guarantees that cannot be excluded under the ACL. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be 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. The evaluation and final decision on condition remains at the sole discretion of PCYC and its representatives. This decision is final.

    4. 3.4 In no event shall PCYC, each of the respective directors, employees, agents and contractors of any of them be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the PCYC Content, all links to or from the Website, or the goods advertised or referred to on the Website.

    5. 3.5 PCYC will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

  4. 4.0 PRICING AND AVAILABILITY

    1. 4.1 All prices on the Website are displayed in Australian dollars and include GST where applicable.

    2. 4.2 PCYC reserves the right to modify prices and product offerings at our discretion for any reason (including but not limited to changes in availability, product discontinuation, changes in market conditions, manufacturer changes, errors in advertising, and in other circumstances).

    3. 4.3 Whilst we endeavour to ensure all details, descriptions and prices listed on the Website are accurate, errors may occur. Any information we provide in relation to availability of products is a guide only and is subject to change without notice. Without limiting any other terms, we will not be liable for any lack of availability of products that have been ordered through the Website. If we discover an error in relation to any products which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

  5. 5.0 PAYMENT

    1. 5.1 Payment for an order is made online through our Website. You must pay for the Products at the time of placing your order using the Website. PCYC accepts Visa and MasterCard only.

    2. 5.2 Your order is not recorded or processed until payment is received.

    3. 5.3 The payee must match either the billing or shipping recipient.

      • (i) If you pay by card, you authorise us to debit the amount payable for an accepted order from your nominated account.

    4. 5.4 Upon confirmation of order, we will provide a confirmation of order outlining total fees and charges for the products in your order.

  6. 6.0 DELIVERY:

    1. 6.1 Your order will be delivered to your nominated PCYC Club location through the Australia Post Service. Upon confirmation of shipment/order, you are agreeing to accept any risks involved in transportation as detailed in clause 7.0. Each individual order will be shipped as a separate order and cannot be combined.

    2. 6.2 We cannot guarantee delivery times, including due to reasons beyond our control. All delivery estimations are provided based on general data available to public. Postage may be subject to delay due to causes outside PCYC and/or Australia Post control, including but not limited to public holidays and peak periods.

  7. 7.0 RISK AND TITLE:

    1. 7.1 In respect of orders delivered to you, then:

      • (a) title to the products in your order passes to you upon pick up from the nominated PCYC Club location; and

      • (b) all risk of loss or damage to the products in your order passes to you when we dispatch your order from our premises.

    2. 7.2 To the maximum extent permitted by law, we are not liable for any damages or loss of any orders once it has left our premises. As per the Australian Consumer Law, PCYC does not have to pay for damages or losses that:

      • (a) are not caused by our conduct, or our products supplied; and

      • (b) relate to something independent of our business, after the goods have left our control.

  8. 8.0 RETURNING ITEMS

    1. 8.1 PCYC will gladly offer a store credit for any full prices purchases you wish to return to our facility on the following conditions:

      • (i) the products are in-stock garments.

      • (ii) the products are received into our facility within 30 days from receiving your goods.

      • (iii) the products are not worn, used, washed or damaged;

      • (iv) the original tags/labels/original hygiene sticker(s) are attached;

      • (v) you present proof of purchase; and

      • (vi) you have completed the online Return Form to authorise your return.

    2. 8.2 Assessment of a product’s condition remains at the sole discretion of PCYC, and this decision is final. We reserve the right to refuse any returns where the above conditions are not met. Refused items will be returned to the customer at the customer’s expense.

      If we refuse any returns where the above conditions are not met, we will attempt to contact you to obtain payment for returning the product to you. If you do not respond to us with the required details within a reasonable amount of time (in any event no later than 90 days from the date on which we contact you) we may treat the product as abandoned and deal with the product as we see fit in our absolute discretion.

    3. 8.3 Special Exceptions

      • (i) Notwithstanding the foregoing, please choose carefully as we do not offer exchange or refund on products that are a sale (clearance) item, custom made, monogrammed, personalised, or altered products, unless the good is faulty or where otherwise required by law.

      • (ii) Products purchased as part of a promotion are eligible for return providing the return meets the conditions in clause 8.1.

    4. 8.4 Payment Method

      We will refund using your original payment method.

    5. 8.5 Store credits are valid for 12 months from issue.

      For further information on store credit or refund for items you wish to return to our facility please see our Returns policy.

  9. 9.0 COST OF RETURNING YOUR GOODS

    1. 9.1 You will need to pay for any postage fees involved in posting the items you wish to return, unless faulty as detailed in clause 10.0.

    2. 9.2 PCYC will not be liable for loss of parcels being returned.

    3. 9.3 We recommend sending items you wish to return via trackable post. To protect yourself from loss, we strongly advise the use of an insured and trackable service to return your goods as these items remain the property of the customer until an email confirmation is sent to acknowledge our receipt of the item(s).

    4. 9.4 The decision to not follow this advice is at your own risk, as detailed in clause 7.0.

  10. 10.0 FAULTY OR DAMAGED ITEMS

    1. 10.1 In accordance with rights available to customers located in Australia, under the Australian Consumer Law:

      • (a) if an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. An item has a major problem when:

        • (i) a reasonable consumer would not have bought the goods if they had known about the problem;

        • (ii) the goods are significantly different from the description, sample or demonstration model shown;

        • (iii) the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or

        • (iv) the item is unsafe; and

      • (b) if an item has a minor problem, please contact the PCYC Customer Service team where we may refund or replace the item. Please keep your proof of purchase.

    2. 10.2 Assessment or confirmation of fault remains at PCYC’s sole discretion, and this decision is final.

    3. 10.3 If an item is assessed as not faulty at PCYC’s sole discretion, the product will be refused and returned at the customer’s expense.

    4. 10.4 PCYC will refund the postage costs for any items deemed to be faulty in accordance with this clause 10. The shipping costs will be reimbursed within reason where proof of purchase is provided.

    5. 10.5 Refunds can only be processed via the same payment method used for the original purchase.

  11. 11.0 DISCLAIMER OF OWNERSHIP OF TRADEMARKS AND COPYRIGHT

    1. Except where expressly stated, third party trademarks and images of third party goods, service and/or locations featured on this website, content or communications are in no way associated, linked or affiliated with PCYC. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to PCYC.

  12. 12.0 INTELLECTUAL PROPERTY

    1. 12.1 General

      • (a) The intellectual property rights in all text, graphics, images, software, material and other content (“content”) made available to you by PCYC on, through, or affiliated with this Website remains the property of PCYC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by PCYC and its licensors.

      • (b) You may store, print and display content supplied to you solely for your own personal use, provided you (a) do not change the content from how it appears on this site; and (b) include all relevant copyright notice unless otherwise authorised in writing by PCYC. Without limiting the foregoing, you must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.

      • (c) Unauthorised use of the content may violate copyright, trademark, and other laws. You must not publish, reproduce, display, frame, publicly perform, transmit (including broadcast), adapt, link, modify, manipulate, distribute, sell or otherwise reproduce or use, in any way or format, any of the content or copies of the content supplied to you by the Website/affiliated content nor may you use any content in any way in connection with any public, business or commercial enterprise or purpose. The use of the content on any other Web site or in a networked computer environment for any purpose is prohibited.

      • (d) No license or consent is granted to you to use our Copyrighted content or Trademarks in any way, and you agree not to use Content or any Trademarks which are similar in design without written permission of PCYC.

    2. 12.2 Designs

      This Website contains graphics and visual representations of products protected by copyright and/or law in all jurisdictions, including but not limited to the Designs Act 2003 (Cth). PCYC retains ownership of all designs, graphic representations, and other information that is or may be represented via the Website and/or other marketing affiliations.

      We take active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws. Reproducing or making in part of whole copies (either electronically, physically, or other) is strictly prohibited.

  13. 13.0 PROHIBITED USES

    1. You agree that in accessing this Website, you will not engage or attempt to engage in any of the following:

      • i) Commit or encourage a criminal offence (Including but not limited to fraudulent activities as detailed in clause 15.0)

      • ii) Transit or distribute a virus

      • iii) Breach confidentiality,

      • iv) Act or be obscene or offensive to the Service or its users

      • v) Hack into any aspect of the Service

      • vi) Corrupt or infringe on data or the businesses proprietary rights/materials.

      • vii) Send unsolicited advertising or promotional materials (I.e “Spam”)

      • viii) Make or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website

      • ix) Download (other than page caching) or modify the Website, or any portion of the Website

      • x) Impersonate or falsely claim to represent a person or organization

      • xi) Send, or attempt to send any unsolicited marketing, advertising or promotional commercial messages for the sale of goods or services.

      Any breach of the above conditions may result in:

      • (a) The immediate termination/restriction of your access to the Website or any feature of the Website for any reason; and

      • (b) Reporting any breaches to the relevant law enforcement authorities and disclose your identity to them.

      The determination of any breach is at the sole discretion of PCYC and subject to clause 15.0.

  14. 14.0 USER SUBMISSIONS

    1. 14.1 By making any communication to the Website or by transmission to PCYC or to the Website by e-mail or other medium, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable, sub-licensable, world-wide license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication in any way, in part or in whole and in any medium (including but not limited to the Website), by any means and for any purpose (including commercial purposes), and to authorise others to do so. PCYC, its successors, assigns and licensees may do or omit to do anything to such communications which may infringe your moral rights in such communications, including editing, altering and reproducing such communications in any manner or context, in perpetuity throughout the world.

    2. 14.2 As a user of the Website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

    3. 14.3 PCYC does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Website or endorse any opinions expressed by users of the Website. You acknowledge that any reliance on material posted by other users of the Website will be at your own risk.

    4. 14.4 PCYC does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Website. If notified by a user of communications which allegedly do not conform to this agreement, PCYC may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. PCYC has no liability or responsibility to users of the Website for performance or non-performance of such activities. PCYC reserves the right to expel users of the Website and prevent their further access to the Website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

  15. 15.0 SECURITY AND FRAUD

    1. 15.1 Whilst we endeavour to provide a secure online environment, there are inherent risks associated with the transmission of information via the internet and no data transmission over the internet can be guaranteed to be completely secure. We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Website. Although reasonable precautions have been taken, we do not guarantee that access to the Website will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website.

    2. 15.2 Your credit card details are not stored by the Website, they are passed securely through a third party online payment gateway.

    3. 15.3 Upon placing an order, you agree that you are an authorised user of the credit or debit cards used to place your order. If you are not the cardholder listed on the credit card, do not make a purchase using the Website.

    4. 15.4 In assessing your request for goods, we may use your information for the purposes of the prevention and detection of fraud.

  16. 16.0 GOVERNING LAW AND JURISDICTION

    1. These terms and conditions are to be construed in accordance with the laws of Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Australian courts.

      The above Terms and Conditions, constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and PCYC.

      If any part of these terms is found to be void, invalid, unlawful or unenforceable, then that part will be severed from these terms and the remaining terms will remain in force and comprise the agreement between you and PCYC.

  17. 17.0 WAIVER

    1. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of PCYC.

  18. 18.0 INDEMNITY AND TERMINATION OF ACCESS

    1. You indemnify us against all liabilities or losses we may incur in respect of all loss, damage, fines, penalties, demands, expenses (including legal fees on a full indemnity basis), howsoever arising under common law (including negligence) or under statute, in connection with any of the following:

      • (i) any breach of these Terms by you;

      • (ii) your use of the Website of the PCYC content; or

      • (iii) your communications with PCYC

      We reserve the right to terminate or restrict access to PCYC, Website, or anything directly associated, at any time for any reason in its sole discretion without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

  19. 19.0 DISCLAIMER

    1. PCYC is providing this Website and its contents on an 'as is' basis and use of this website is at your own risk. The content may contain inaccuracies or typographical errors. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the website. PCYC make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this Website (including in relation to any products). To the extent permitted by law, including any non-excusable statutory obligations (including under the Australian Consumer Law), none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this Website.

      Use of the Website and the content is at your own risk. Changes are periodically made to the Website, and may be made at any time.

      PCYC does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful goods or conditions. If your use of the Website or the content results in the need for servicing or replacing equipment or data, PCYC is not responsible for those costs.

  20. 20.0 TERMINATION

    1. Your ability to purchase goods from this Website may be terminated by us at any time without notice. All restrictions, licenses granted by you and limitations of PCYC’s liability will survive termination.

  21. 21.0 CONTACTING US

    1. If you have any questions regarding the Website or Terms and Conditions please contact us via the “Contact Us” page located at the bottom of the Website and following instructions from there.