Terms & conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website triumph.com/autriumph.com/nz and au.triumph.com (the "Site") to you. Please read these terms and conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
This Site is operated by Triumph International (Australia) Pty Ltd ("us", "we", "our", "Triumph Australia"). We are registered in Australia. Our ABN is 30 009 664 831 and our main trading address is Triumph International (Australia) Pty Ltd – 30 North Road Wynnum West QLD, 4178, Australia.
This Site is operated by Triumph International (NZ) Limited ("us", "we", "our", "Triumph New Zealand"). We are registered in New Zealand. Our IRD Number is 52-049-288 and our main trading address is Triumph International (NZ) Limited – Building D, Unit 2, 3 Orbit Drive Mairangi Bay, Auckland 0632 New Zealand.
You can communicate with us using the following email address: firstname.lastname@example.org@triumph.com or the following telephone number: 1800 777 2080508 415 415
This Site is only intended for sales to people resident in AustraliaNew Zealand. We do not accept orders from individuals resident outside AustraliaNew Zealand.
1. How the contract is formed between you and us
You can choose Products and collect them in a shopping basket by using the button "Add to Shopping Bag". If, after fully completing the order page, you click on the button "Checkout" you make an offer to buy the Products in the shopping basket.
Prior to completing your order, you can access a summary page which allows you to see and change the selected Products and other information relating to your order. After completing an order, you will receive an e-mail acknowledging that we have received your order and including an order reference. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us (the "Contract") will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will also normally contact you if we are not accepting your order or part of your order for any reason.
The prices of any Products will be as quoted on our Site from time to time, except in case of obvious error.
Prices are liable to change. Changes will not affect contracts retrospectively for which we have already sent you a Dispatch Confirmation.
Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we are under no obligation to provice such Product to you at an incorrect lower price. We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We may vary the price of Products from time to time, however such variations will not affect any existing order that we have accepted.
3. Deliveries/Shipping Costs
Deliveries are conducted through our warehouse at 30 North Road, Wynnum West, Queensland 4178, Australia. Please note that we do not deliver to any address outside Australia. Unless otherwise set out on the Site, we endeavour to have your order dispatched within 2 working days of receipt of your order. We use but are not accountable for the Australia Post delivery service. We anticipate delivery of your goods via this service to be within 7 working days for standard delivery and 1-2 working days for express delivery (dependent on location), commencing from the date we send you your Dispatch Confirmation.
Deliveries are conducted through our warehouse at 30 North Road, Wynnum West, Queensland 4178, Australia. Because customs policies vary from country to country, your order may be subject to local customs charges. Any customs, import duties and associated fees are the responsibility of the recipient and are charged once the order reaches its destination. If goods are above the threshold and customs entry is required, our logistics partner will charge an additional admin handling fee for customs clearance. For more information about New Zealand’s custom policy, please contact your local customs office. Please note that we do not deliver to any address outside New Zealand. Unless otherwise set out on the Site, we endeavour to have your order dispatched within 2 working days of receipt of your order. We use but are not accountable for the New Zealand Post delivery service. We anticipate delivery of your goods via this service to be within 7 working days for standard delivery commencing from the date we send you your Dispatch Confirmation.
For standard delivery of orders up to a total value of $75 we charge a fixed amount of $7.95$14.95. Standard delivery of orders over $75 is free. For express delivery we charge a fixed amount of $10 irrespective of the value of the order.
For Standard Post - the goods will be your responsibility from the time of dispatch.
For Express Post - as this requires a signature on delivery - delivery will become your responsibility from the time a signature is obtained
You must pay in full for your order prior to its supply and delivery to the location that you have requested. Title of the Products shall not pass to you until we have received payment in full for your order.
5. Responsibility of the goods
The Goods will be your responsibility from the time of dispatch.
Risk in the Products purchased by you will pass on completion of delivery to your designated delivery address by New Zealand Post.
6. Consumer Rights
Please note that we are unable to issue a full refund for Products which have been worn, washed or damaged. We would ask you to return the Products in their original sale condition, with labelling still attached.
This provision does not affect your legal rights under the Consumer Guarantees Act 1993.
The Consumer Guarantees Act 1993 shall not apply in the event that Products are supplied for business purposes or re-supply in trade.
7. Warranties and Limitation of Liability
It is your responsibility to satisfy yourself as to the condition, quality, suitability and fitness of the Products for your purpose and you accept the Products on this basis.
Subject to your rights under the Consumer Guarantees Act 1993 you agree that except as set out in this contract, all warranties or conditions or other terms expressed or implied by statute, common law or custom are excluded to the maximum extent permitted by law.
Our liability for any loss, damage or injury arising from a defect in or non-compliance of the Products or any other breach of the Terms and Conditions shall not exceed the price of the Products, or the price of replacement or repair of the Products. We shall not be liable for any indirect, special or consequential damage or loss. Our liability is confined to you. We are not liable to anyone who acquires the Products from you. You may not assign your rights under this Contract.
8. Refunds Policy
Please see Returns PolicyReturns Policy.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your legal rights.
All notices given by you to us must be given to us via email, letter or telephone, using our contact details set out above. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent or seven days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter that such letter was properly addressed, stamped and placed in the post, and in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
10. General provisions
We reserve the right to alter, modify or update these terms and conditions from time to time. Such revisions will be effective immediately upon publication on this website. Your use of this website following any such change establishes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.
We reserve the right to correct any errors, inaccuracies or omissions contained in the website and change and update information including but not limited to pricing of Products at any time without prior notice (including after you have submitted your Order).
No right, title or interest in any content or materials contained on this website is transferred to you as a result of any of your activities. We reserve complete title and full intellectual property rights in any content that you download, reproduce, print, redistribute or store from this website.
11. Concluding provisions
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
Contracts for the purchase of Products through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by AustralianNew Zealand law.
As of: August 2016