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. Shipping automatically calculates.

For orders within Australia only.

 

14.3. Swim Clearance | up to 60% OFF selected Swimwear, Goggles, Equipment, Learn to Swim

Save up to 60% on selected Womens, Mens, Junior & Kids swimwear, selected Goggles & Equipment and Learn To Swim aids. 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, DC Super Heroes and Learn To Swim Aids. Prices as marked. While stocks last. Offer available at zoggs.com.au only for a limited time only. No further discounts apply.

15. Competitions

15.1. Zoggs Win a $300 Swim Kit (“Competition”) at Club Champs Forster.


Competition

Zoggs Win a $300 Swim Kit (“Competition”)

 

Competition Period

Entry into this Competition commences on Saturday 21 May 2022 at 00:001 (AEDT) and concludes Saturday 21 May 2022 at 23:59 (AEDT).

Entry received outside of the Competition Period will not be accepted by the Promoter and will be deemed invalid.

 

Eligible Entrants

Entry into this competition is only open to persons who are:

  • Australian residents; and
  • Aged 18 years and over at the start of the competition period.

 

Ineligible Entrants

  • Directors, management, officers, employees and contractors of the Promoter and Promoter’s related bodies corporate and associated agencies, retailers, suppliers and companies, and their immediate families.
  • For the purposes of this clause, "immediate families" includes his or her spouse, ex-spouse, de facto spouse, child, stepchild, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin, whether or not they live in the same household as the director, manager, officer, employee or contractor.

 

How to Enter

To enter, entrants must, during the Competition Period:

  • Sign up to the Zoggs email newsletter at the Newsletter sign up station in the Zoggs tent or with a Zoggs team member in the Zoggs tent (1 entry for sign up);
  • And / Or purchase a product in the Zoggs tent and provide contact details (1 additional entry for each product purchased)

 

Limits of Entry

  • Multiple entries are permitted.
  • An Entry must not be late, incomplete or incomprehensible

 

Judging Criteria

  • This Competition is a game of chance and skill plays no part in determining the Winners.
  • The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter this Competition and no correspondence will be entered into.

 

Prize Draws

Major Prize draw of all valid Entries received within the Competition Period will be drawn at HEAD Oceania Pty Ltd t/a Zoggs Office, Suite 1.02, Level 1, Building 1, 14 Aquatic Drive, Frenchs Forest 2086, on Thursday 9 June 2022 where one winner will be selected (“Grand Prize Winner”).

 

Prize details

One winner will receive a Zoggs swim kit to the value of at least $300 RRP. Prize products may vary from promotional materials based on product availability and the Grand Prize Winner’s choice of swimwear.

 

Notification of Winner

  • The Grand Prize winner will be notified via their contact details provided at time of entry, by 17:00 AEDST on Thursday 9 June 2022 of their success and will be directed to email the Promoter with any details required to deliver the Grand Prize.
  • The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.

Second Chance Draw

  • The Promoter reserves the right to appoint a new winner if:
    1. A Winner cannot be contacted within 3 months
    2. The Grand Prize cannot be redeemed by the Winner(s)
  • A Second Chance Draw of all valid Entries received within the Competition Period will be drawn at HEAD Oceania Pty Ltd t/a Zoggs Office, Suite 1.02, Level 1, Building 1, 14 Aquatic Drive, Frenchs Forest 2086, on Friday 9 September 2022 where one second chance winner will be selected.
  • The Second Chance Winner will be notified via their contact details provided at time of entry, by 17:00 AEDST on Friday 9 September 2022 of their success and will be directed to email the Promoter with any details required to deliver the Grand Prize.
  • The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.

 

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

 

Prize Limitations

  • The Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a Winner is unable to use the Prize. In the event that the Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a Prize, or element of it, of equal or greater value.
  • The Winners must be ready, willing, and able to receive and/or participate in the Prize as required by these terms and conditions.

 

Privacy

  • The Promoter will use Entrants' personal information in order to conduct the Competition, awarding any Prizes and publishing the winner’s details for notification purposes. Winners consent to the Promoter providing the Winners' personal information to any applicable regulatory authorities. If the information requested is not provided, the Entrant may not participate in the Competition.
  • By subscribing to the Zoggs newsletter database to enter the Competition, the Entrant also consents to Promoter using the entrant's personal information to provide information about Zoggs products and services via email. Entrants can opt-out at any time by following the instructions on Zoggs.com or by contacting customer service.
  • The collection, use and disclosure of personal information provided in connection with this Competition is governed by the Promoter's privacy policy, available at: https://www.zoggs.com/en_AU/privacy-and-cookie-policy-au
  • Entrants consent to the Promoter using the Entrant's name, likeness, image and/or voice in the event that they are a Winner (including photograph, film, file and/or recording of the same) in any media for an unlimited period of time without remuneration for the purpose of promoting this Competition (including any outcome), unless Winner notifies Promoter at time of accepting the Prize that they do not want their personal information to be used for these purposes.

 

Australian Consumer Law

  • The Promoter 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.
  • If in the conduct of this Promotion, the Promoter is liable for a breach of any guarantee, warranty, condition or other term that applies under the Competition and Consumer Act 2010 (Cth) or is implied by any other commonwealth, state or territory law that cannot be excluded, the Promoter’s liability under that legislation is limited, to the extent permitted by law, to the cost of replacement of any benefit or prize won.
  • Without limiting the previous paragraph, the Promoter will not be liable for any damage, loss or delay in transit to the prize.

 

Additional

  • This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification.

Dated: May 2022