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 and conclusion of this contract

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

In case of contracts under which we deliver goods to you, the risks relating to loss or damage to the goods shall always be transferred to you once you or a third party appointed by you who is not the haulage contractor have taken possession of the goods. Irrespective of your rights vis-à-vis the haulage contractor, once the goods are handed over to the haulage contractor the risk shall be transferred to you if the haulage contractor was commissioned by you to transport the goods and this option was not offered by us.

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. Revocation of orders and return information

9.1. Right of revocation

9.1.1. You have the right to revoke the contract without explanation within thirty days. The revocation period is 4 weeks. You have the right, without giving reasons, to revoke the contract within thirty (30) days from the day when you or a third party appointed by you who is not the haulage contractor took possession of the goods.

9.1.2. To execute your right of revocation, use the revocation form which is included with your order or available on our website; however, this is not mandatory.

9.1.3. Sending notification of exercising the right of revocation before the cancellation period ends is sufficient for the compliance with the cancellation period.

9.2. Consequences of revocation

9.2.1. The contract is revoked, we will reimburse to you all payments for the purchased goods which you have returned excluding regular delivery costs. Such reimbursement shall occur immediately or, subject to the situations mentioned below, within fourteen (14) days at the latest from the day we receive your returned items. For this refund, we will use the same means of payment which you used for the original transaction, unless we expressly agree upon something else with you. We will under no circumstances charge any fees to you for such reimbursement. 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 goods must be returned at the latest thirty days from the day on which the contract has been revoked. The term is deemed complied with if you ship the goods before the end of the term of thirty (30) days.

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

9.2.4. 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. You will be required to compensate a loss in value if this loss in value can be traced back to a use by you which was not necessary for checking the quality, features or functionality of the goods. 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 the possibility to directly exchange ordered goods. If you do not wish to keep your goods, please send a notification of revocation as well as the goods back to us according to our return information and simply place a new order to receive the selected goods in another size or colour.

9.3. Exclusion of the right of revocation The right of revocation does not apply to contracts regarding

  • the supply of goods made to the consumer’s specifications or clearly personalised;
  • the supply of goods which are liable to deteriorate or expire rapidly;
  • the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
  • the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.

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 Our liability applies explicitly to the obligations and liabilities described within this document as long as not otherwise dictated by law.

11.3 The warranty follows legal provisions. Complaints based on legal warranty claims may be asserted on presentation of proof of purchase with the customer service mentioned above by telephone or email.

11.4 The legal warranty applies on complaints, which occur within the legal warranty period. For goods, this period is two years and begins with the date when the goods are received.

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

11.6 If the product in question is no longer available or the repair costs are enormously high, HEAD OCEANIA Pty Ltd Trading as Zoggs Australia has the right to replace it with a product of similar value.

11.7 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.

11.8 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. ON SALE

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.

 

14.4. 50% OFF DC SUPER HEROES

Save 50% or more on all DC Super Hero products. Includes Goggles, Water Wings Vest, Swimming Aids & Toys. Prices as marked. While stocks last. Offer available at zoggs.com.au only for a limited time only. No further discounts apply.

 

14.5. SWIMWEAR WINTER SALE

50% Off the original price of selected Womens, Mens, Junior and Kids swimwear. Prices as marked. While stocks last. Offer available at zoggs.com.au only for a limited time only. No further discounts apply.

15. Competitions

There are currently no competitions.

 

Dated: May 2021