Terms & Conditions

If you have any questions, please email us at [email protected]

POSTAGE & DELIVERY

The Zygo Sports Design Pty Ltd online store can ship to P.O. Boxes and physical addresses in Australia. For all other countries, shipping to P.O. Boxes is not allowed - we require a physical address to ship to all other countries.

Once paid in full, we despatch all our orders via Australia Post or designated freight/transport provider(s) and your signature may be required to accept registered goods. Goods will be delivered during normal business hours and can be delivered to Australian PO Boxes. As a guide, delivery of the goods is expected to take three to ten working days. Unfortunately, we are unable to guarantee time of delivery.

It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

If the order is yet to be despatched, changes to the order can be made by contacting Zygo Sports Design Pty Ltd via email. In the event the order has been dispatched, then delivery costs will be incurred.

It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place. We reserve the right to cancel orders at any time.

RETURN, EXCHANGE & REFUND

If you receive a product that you believe is not what was expected, we will replace the item or refund your money at our discretion. In circumstances of a refund Zygo Sports Design Pty Ltd will not reimburse the delivery costs - we will refund the cost of the footwear only. It will be your responsibility and expense to deliver the item back to our postal address in its original new, unused and undamaged condition, including the original shoe box, within 30 days of the purchase date. Refunds will be credited to the original payment account.

If you have purchased the incorrect size and would like an exchange or refund, you will be required to pay for the return delivery to Zygo Sports Design Pty Ltd, in addition to the delivery fee for the replacement footwear. Zygo Sports Design Pty Ltd cannot reimburse the delivery costs for exchanges or refunds.

We recommend taking out postal/delivery insurance before returning any items.

Prior to returning the product, you must call or email Zygo Sports Design Pty Ltd to obtain a Return Authorisation Number.

PRIVACY

We have committed ourselves to protecting your privacy and complying with the national privacy principles which are contained in the Privacy Act 1988 (Privacy Act). We use the information gathered to enable your account and to enhance your online experience. We will not sell our database of customer details or details about customers to a third party. Any and all information collected on this website will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. We respect the right of users to remain anonymous and will endeavour not to knowingly disclose user identities unless directed by a court of law.

We may release customer information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of our users, or others.

When you place an order through this website, we need to know your name, e-mail, phone number, address and credit card details if paying by credit card. This allows us to process and fulfill your order successfully. It also helps us in maintaining your account.

Zygo Sports Design Pty Ltd may also automatically collect information when you connect to this website which is not personally-identifiable. For example, the referring URL that may have brought you this website and the domain name of the website from which you linked to our website. This information assists Zygo Sports Design Pty Ltd in better understanding usage of this website.

By using our website, you consent to the collection and use of this information by us. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

CONTINUING IMPROVEMENT & PRICING

Due to our policy of continuing improvement, Zygo Sports Design Pty Ltd reserves the right to alter the specifications or design of its products without prior notice. Similarly, pricing is also subject to change without prior notice.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

ACKNOWLEDGEMENT & ACCEPTANCE

This website is operated by Zygo Sports Design Pty Ltd (ACN 123 214 175). Your use of this website is subject to the Policies, Terms and Conditions outlined on this website, and are governed by the laws of the state of Victoria, Australia. By accessing and interacting with this website, you acknowledge that you have read and accept the Policies, Terms and Conditions. If you do not agree, please do not use this website. Without limiting our rights and remedies, Zygo Sports Design Pty Ltd may deny access to this website to anyone who breaches these Policies, Terms and Conditions. Zygo Sports Design Pty Ltd may amend these Policies, Terms and Conditions at any time without notice to you, and you should review them regularly. The updated version of these Policies, Terms and Conditions will supersede all prior versions.

CONTINUING ACCESS & USE

Your access to this website is on the following Terms and Conditions:

You may only access and use this website in accordance with these Policies, Terms and Conditions;

You may only access parts of this website that are designated for unrestricted public access;

You must not knowingly post or transmit or permit the transmission of any material to this website which contains a virus;

Harassment in any manner or form on this website, including via e-mail is strictly prohibited;

If you provide Zygo Sports Design Pty Ltd with information when using this website, you warrant that you are entitled to provide the information; and

Zygo Sports Design Pty Ltd may at any time and without notice change the format and content of this website and suspend the operation of this website.

INTELLECTUAL PROPERTY RIGHTS

Zygo Sports Design Pty Ltd and its licensors and/or suppliers, as applicable, own all intellectual property rights in and to this website and the products and information displayed in it.

THIRD PARTY WEBSITES

Zygo Sports Design Pty Ltd is not responsible for any information that does not originate directly from Zygo Sports Design Pty Ltd, for any links providing to third party sites, or for information or goods or services at or accessible from those third party websites. Responsibility for any of that content rests solely with those third parties, all of which have also have their own privacy and data collection policies. These linked sites are provided for your convenience only. No links may be made to this website without the prior written consent of Zygo Sports Design Pty Ltd. Applications for consent must be made to the Director, Zygo Sports Design Pty Ltd, email: [email protected]

DISCLAIMER

THIS WEBSITE AND THE MATERIALS AND PRODUCTS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZYGO SPORTS DESIGN PTY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZYGO SPORTS DESIGN PTY LTD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT HOSTS THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZYGO SPORTS DESIGN PTY LTD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMLINESS, RELIABILITY OR OTHERWISE . THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

ZYGO SPORTS DESIGN PTY LTD SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF ZYGO SPORTS DESIGN PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ZYGO SPORTS DESIGN PTY LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, DISTRIBUTORS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR INTERNET ACCOUNT.