General Terms and Conditions

1. General provisions

Please read these General Terms and Conditions carefully before purchasing goods on the website www.zoggs.com. By purchasing goods from this website, you automatically consent to these General Terms and Conditions.

2. Order process 

2.1. We deliver orders within Australia only. The order process via our online shop consists of several steps. First, you select the desired goods. Second, you must provide your customer data, including the billing address and delivery address (if different). Third, you must select the payment method. At the end, you can check all the information provided (e.g. name, address, payment method, ordered goods) and correct that information if necessary before placing your order with us by clicking on "Buy now" and thus confirming it. With this confirmation, you agree to our Privacy Policy.

2.2. By placing your order, you made a binding offer towards us to conclude a contract with you. The following automatic order confirmation documents that we have received your order but is not yet an acceptance of your order. Acceptance of your order will occur with a separate delivery confirmation email or delivery of the ordered goods. A sales contract is confirmed when the delivery confirmation email or the shipment is sent. Along with the delivery confirmation, we will send you all order details as well as payment and customer service information. Please note, that partial shipments are also possible. In such a case, the sales contract is valid for the goods confirmed within the delivery confirmation only. You will be informed in a separate message of future delivery of the missing goods.

2.3. If, for any reason, we are unable to fulfil your order, we shall notify you by e-mail.

2.4. You must guarantee that all the information you provided to HEAD OCEANIA Pty Ltd Trading as Zoggs Australia in your enquiry or in your order is correct and complete. HEAD OCEANIA Pty Ltd Trading as Zoggs Australia shall not be obligated to accept orders but shall have the right, at any time and without giving reasons, to examine orders in advance and to reject them.

3. My account

3.1. On the condition that you provide all required data during the order process, you may place orders with us without setting up a personal user account. However, you also have the possibility to set up your personal user account with a password. This means that your personal data will be saved and you need not enter your information again when placing a new order with us. You also have access to the "My account" section which provides a comprehensive overview of your profile, orders which have not yet been delivered, past orders as well as delivery and payment details. Please click here if you do not currently have an account and would like to find out how to set one up.

3.2. If you set up and use an account on our website, you shall be responsible for protecting your account and your password and for restricting access to your computer. Furthermore, you declare that you agree – to the legally permissible extent – to be liable for all activities which are performed through your account and/or with your password. You must take all required measures to ensure that your password is kept confidential and stored in a safe place and you should notify us immediately if you have reason to believe that a third party has gained access to your password or that your account is being used without prior authorisation or that such unauthorised use is likely.

4. Tracking your order

You can track your order using the tracking number provided in the delivery confirmation e-mail. You can access the website of our delivery provider which contains up-to-date information on your order and the delivery.

5. Prices, shipping charges

5.1. All prices are quoted in Australian Dollars ( AUD ) and include GST.

5.2. Shipping is via Australia Post within Australia only. Shipping is free for orders $100 or more ( after discounts ). Orders under $100 incur a $10 Shipping fee.

5.4. Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

6. Delivery conditions

6.1. On our website, you will find information on the availability and delivery time of products which are sold by www.zoggs.com (e.g. on the respective product detail page). We would like to point out that all information on product availability are only estimates and approximated values. If during the order processing, HEAD OCEANIA Pty Ltd Trading as Zoggs Australia notices that the products ordered by you are not available, you will be informed about this in a separate e-mail. Your legal rights shall not be affected by this.

7. Transfer of risks

The risks relating to loss or damage to the goods shall always be transferred to you once you have received your order.  

8. Payment conditions

8.1. Ordered products must be paid for in full before such orders will be delivered to you. We accept the following payment methods:

  • Visa Credit Card
  • Master Card Credit Card
  • PayPal®

8.2. If, for any reason, the amount payable for your order cannot be collected, your order will be cancelled.

9. Returns information

9.1. Right of return

9.1.1. You have the right to return without explanation within thirty days. The returns period is thirty (30) days from date of delivery. 

9.1.2. To execute your right of return, use the returns form which is included with your order; however, this is not mandatory.

9.1.3 Returns must be in original condition & packaging, unworn, tags attached and hygiene strip applied ( for Womens, Junior Girls and Kid Girls Swimsuits ). 

9.2. Consequences of return

9.2.1. we will refund to you all payments for the purchased goods which you have returned excluding delivery costs. Reimbursement wIll occur once returned items are received by Zoggs. For this refund, we will use the same means of payment which you used for the original transaction. We will under no circumstances charge any fees to you. We have the right to deny a refund until you have returned the goods to us or until you provided us with evidence that you have sent the goods back, whichever is earlier.

9.2.2. The direct cost of returning the goods shall be borne by HEAD OCEANIA Pty Ltd Trading as Zoggs Australia 

9.2.3. You shall be responsible for handling the goods with due care and shall be liable for damage caused by you. We reserve the right to claim damages for returned goods which were used or damaged in any other way by you. We expressly reserve the right to deduct all damages/losses in value from amounts which we must reimburse to you (set-off).

9.2.5. Our online shop does not offer exchanges. If you do not wish to keep your goods, please send the goods back to us with completed returns Form, according to our return information and simply place a new order to receive the selected goods in another size or colour.

10. Customer service

If you have any questions, comments or complaints relating to your ordered goods, please contact us at HEAD OCEANIA Pty Ltd Trading as Zoggs Australia, Zoggs Webshop Customer Service, Unit 2A, 93 Burnside Rd, Yatala QLD 4207, e-mail to: contact@zoggs.com, phone: 1300 10 30 80.

11. Warranty and liablity

11.1 When ordering goods from this website, please note the general information and the special information for the respective product (in particular, but not limited to information on features, selection, maintenance and use of products as well as security of products) displayed on our website as well as the instructions contained in our manuals.

11.2 Complaints based on faulty goods claims may be asserted on presentation of proof of purchase with the customer service by telephone or email.

11.3 For products which have been proven to fall under a warranty case, the product will either be replaced free of charge by HEAD OCEANIA Pty Ltd Trading as Zoggs Australia or a refund given. HEAD OCEANIA Pty Ltd Trading as Zoggs Australia is free to choose which solution best applies.

11.4 If the product in question is no longer available, HEAD OCEANIA Pty Ltd Trading as Zoggs Australia has the right to replace it with a product of similar value.

11.5 Excluded from the warranty are all damages due to transport or improper storage of the product. Damages which occur due to improper use or lack of and improper care of the products, improper mounting, assembly or adjustments, failure to follow the user instructions, damages due to sharp objects, torsion, compression or from dropping the object are excluded from the legal warranty. Any damage caused by abuse or improper use, adjustment or maintenance as well as normal wear and tear are not covered by the warranty.

11.6 No warranty is applicable if:

  • The product has been changed or repaired by a person other than HEAD OCEANIA Pty Ltd Trading as Zoggs Australia or a HEAD OCEANIA Pty Ltd Trading as Zoggs Australia representative
  • The product has been repaired with unauthorised replacement parts
  • The serial number on the product has been removed, altered or made illegible

As long as we are not obliged by mandatory law, we decline all liability for damages or secondary damages caused by use of the product, regardless if a claim is based on the sales contract, within a legal warranty claim or if such a claim for damage with exception to the product itself, has led to loss with regards to the use of the product or another valuable asset or loss of profit.

12. Data protection

In this context, please also note the privacy policy available on our website.

13. Applicable law/place of jurisdiction

Unless otherwise mandatorily required by law, these General Terms of Business are subject to the law of the country to which we deliver pursuant to point 2.1.

14. Vouchers and Promotions

14.1. Newsletter Sign Up Voucher

Our $20 Welcome sign up voucher is valid for 30 days from date of issue. Valid for one purchase per person. Minimum spend of $100 to receive the $20 discount. Enter voucher code at checkout to receive the discount. Can only be redeemed on full price product. Cannot be used in conjunction with another offer. Shipping fee will apply if basket size is under $100.

The discount will be applied against each item on the order, relative to the value of the item. Should you return an item that was purchase with a Welcome Voucher, we will refund the final price you paid for the item. 

Welcome Voucher is only redeemable in Australia

 

14.2. Free Shipping when you Spend $100

Free Shipping on all orders when you spend $100 or more after discounts & vouchers.  $10 Shipping fee will apply for orders under $100. 

For orders within Australia only.

 

14.3. End of Season Sale | Nothing Over $60* selected Swimwear, Goggles, Equipment, Learn to Swim

Nothing Over $60 on selected Womens, Mens, Junior & Kids seasonal swimwear, selected Goggles & Equipment and Swim nappies. Prices as marked, no further discounts apply. While stocks last. Cannot be purhcased with our $20 Welcome Voucher.

For orders within Australia only.

14.5. OUTLET

Prices reduced on selected Swimwear, Goggles, and Learn To Swim Aids. Prices as marked. While stocks last. Offer available at zoggs.com only for a limited time only. No further discounts apply.

15. Competitions

15.1. Zoggs Win a $300 Swim Kit Competition.


Competition

Sign Up to Zoggs Australia database and go into the draw to win a $300 Swim Kit*

 

Terms & Conditions

  1. The promoter is: HEAD Oceania Pty Ltd trading as ZOGGS Australia. 
  2. The competition is open to Australian customers only, except to employees of ZOGGS Australia and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
  3. To enter into this competition you must subscribe the to ZOGGS Australia email database between 10.00am AEDT Wednesday 6th July 2022 and 11.59pm AEDT Wednesday 27th July 2022. After this date no further entries to this competition will be permitted.
  4. By entering this competition, and providing email details, entrants are indicating his/her agreement to be sent updates & information by ZOGGS Australia. Entrants can opt-out at any time by clicking the unsubscribe link or contacting ZOGGS Australia.
  5. This Competition is a game of chance and will be randomly drawn by the Promoter using a random selection generator.
  6. 1 x winner will be announced on Friday 29th July 2022 9:00AM AEDT.
  7. No responsibility can be accepted for entries not received for whatever reason.
  8. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
  9. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
  10. The prize is as follows: 1 x ZOGGS Australia Swim Kit to the value of AUD $300 RRP. Prize will include a selection of Goggles, Equipment & Swimwear. Prize is subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
  11. Winner will be chosen at random on: Friday 29th July 2022
  12. Winners will be notified by email. If the winners cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
  13. The promoter will notify the winner when the prize is delivered.
  14. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
  15. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  16. The competition and these terms and conditions will be governed by Australian law. ZOGGS Australia shall not be liable for any loss, damage or injury suffered or sustained as a result of accepting and/or using a Prize in relation to the promotion, except for any liability which cannot be excluded by law.
  17. ZOGGS Australia is liable for a breach of any guarantee, warranty, condition or other term that applies under the Competition and Consumer Act 2010 (Cth) and ZOGGS Australia will cover the cost of replacement of any faulty prize won.
  18. Entry into the competition will be deemed as acceptance of these terms and conditions.
  19. The Prize is not transferable and is not redeemable for cash.
  20. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to ZOGGS Australia and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://www.zoggs.com/en_AU/privacy-policy

Permit Numbers

Not applicable – Not required

 

Promoter

HEAD Oceania Pty Ltd t/a Zoggs ABN 68 619 606 790 Unit 2a, 93 Burnside Road, Yatala, QLD, 4207 (“Promoter”)

The promoter can be contacted at:

Email: contact@zoggs.com

Phone: 1300 10 30 80 Monday to Friday 9am – 5pm AEST

 

Dated: July 2022