TERMS AND CONDITIONS FOR GOODS SOLD BY Fox Racing Australia FROM foxracing.com.au

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Fox Racing Australia (ACN 625 136 272) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from foxracing.com.au. By placing an order for Goods from Fox Racing Australia you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. DEFINITIONS

In these Terms and Conditions:

“Account” means a personal account created by you on the Website;

“Additional Delivery Charge” has the meaning given in Section 3.4;

“Delivery Charge” has the meaning given in Section 3.3;

“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;

“Order” means an order for Goods, placed on the Website;

“Password” means the password needed to access your Account;

“Pre-Orders” means an Order placed for a product (e.g. clothing, helmets, accessories) prior to the official release date of that product;

“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age;

“Selected Delivery Option” has the meaning given in Section 9.7; and

“Website” means foxracing.com.au.

2. YOUR LEGAL RIGHTS

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Fox Racing Australia represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

3. PRICING & TAXES

3.1 Prices for Goods are as shown on the Website.

3.2 Fox Racing Australia reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Fox Racing Australia.

3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service or for bulky items (“Additional Delivery Charge”). Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Fox Racing Australia will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Fox Racing Australia will cancel your Order. Fox Racing Australia will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

3.5 Fox Racing Australia does not deliver Goods outside of Australia, including Christmas Island and Cocos (Keeling) Island

3.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any returns charges.

3.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

4. YOUR ACCOUNT

4.1 If you do not already have an Account you will need to create one before placing an Order, unless you utilise the “Guest Checkout” feature of the Website.

4.2 You may not set up an Account for someone else.

4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Fox Racing Australia that all information provided by you in relation to your Account is complete, true and accurate

4.4 You must notify Fox Racing Australia immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Fox Racing Australia will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Fox Racing Australia, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.6 If Fox Racing Australia suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Fox Racing Australia then you must pay Fox Racing Australia the amount of that loss, damage, cost or expense if Fox Racing Australia asks you to.

5. ORDERS

5.1 You can place an Order by following the instructions on the Fox Racing Australia website.

5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. Fox Racing Australia may accept or reject your offer in its absolute discretion. In particular, but without limitation, Fox Racing Australia may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact customerservice@foxracing.com.au.

5.3 Each Order that you place will, if accepted by Fox Racing Australia, be a separate and binding agreement between you and Fox Racing Australia with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Fox Racing Australia with their personal information and, by placing an Order, you confirm to Fox Racing Australia that you have done this.

5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to Fox Racing Australia that all information provided by you in relation to each Order is complete, true and accurate.

5.6 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Fox Racing Australia. Fox Racing Australia will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Fox Racing Australia will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Fox Racing Australia, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. Fox Racing Australia cannot consolidate separate Orders into one delivery.

5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of Moto and MTB); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.

5.10 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

5.11 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

5.12 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Fox Racing Australia will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.12 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

6.1 When you submit an Order you will receive an Order reference number via e-mail.

6.2 Fox Racing Australia will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by Fox Racing Australia when Fox Racing Australia does this, however Fox Racing Australia may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Fox Racing Australia cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1.

6.3 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 6.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For credit card or PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly your issuing bank or PayPal (as the case may be) processes the cancellation. For Fox Racing Australia Gift Card payment the time that it takes for the refund to take effect is likely to be between 5-10 days.

6.4 When Fox Racing Australia accepts an Order it represents an agreement by Fox Racing Australia to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.5 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account or by Fox Racing Australia Gift Card. When you place an Order on the Fox Racing Australia Website, and the amount you are paying for Goods is not less than $20 and not more than $1,000 (excluding delivery charges), you may also pay for those Goods using one of the following other payment methods: Afterpay (subject to Afterpay’s Terms of Service) or ZipPay (subject to the Zip Pay Terms & Conditions) however you may not use these payment methods to pay for Gift Cards or any other third party gift cards/vouchers. If the name on the credit card/payment card/account does not match the name on the Order, Fox Racing Australia may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card /gift card or buy now, pay later you authorise Fox Racing Australia to deduct the price and the applicable delivery charge(s) from such card.

6.6 Fox Racing Australia reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.7 Fox Racing Australia may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Fox Racing Australia reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

6.8 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

7. CANCELLATION OF ORDERS

7.1 Fox Racing Australia reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Fox Racing Australia may do this for example, but without limitation, where:

(a) Fox Racing Australia’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond Fox Racing Australia’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Fox Racing Australia is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) you ask Fox Racing Australia to cancel your Order in accordance with section 5.7; or

(e) in the circumstances set out in Sections 3.4 or 6.7.

7.2 You may cancel your Order where Fox Racing Australia:

(a) has breached a material term of this Agreement;

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside Fox Racing Australia’s control including the situations set out in Sections 7.1(a) and (b) above.

7.3 Where Fox Racing Australia cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

7.4 In the event of Fox Racing Australia or you cancelling your Order after payment has been processed, Fox Racing Australia will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.

7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Fox Racing Australia will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. AVAILABILITY OF GOODS/REFURBISHED STOCK

8.1 As Fox Racing Australia is dependent upon its Suppliers to provide stock, Fox Racing Australia cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Fox Racing Australia reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Fox Racing Australia will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.

9. DELIVERY

9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

9.2 Goods will generally only be delivered to addresses within Australia. Fox Racing Australia is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order through the website. Fox Racing Australia will not provide delivery outside Australia including Christmas and Cocos (Keeling) Islands.

9.3 Where requested, Fox Racing Australia will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Fox Racing Australia or our delivery partners will call you to arrange an alternative delivery address.

9.4 Following dispatch of your Goods, Fox Racing Australia will email you with confirmation of dispatch and an invoice for your Order.

9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) take your Goods to a Fox Racing Australia nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent);

(c) re-deliver your Goods to your delivery address at a later date: or

(d) leave goods at your nominated address

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.

9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Fox Racing Australia will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

9.7 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. Fox Racing Australia will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.

9.8 Fox Racing Australia’s arrangements with its suppliers means that Fox Racing Australia is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. Goods ordered within 7 days prior to the official release date may not be despatched until after the official release date.

10. PICK-UP OF GOODS IN STORE – “CLICK AND COLLECT”

11.1 Many Goods can be picked up from a Fox Racing Australia retail partner rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.

11.2 Only the person who placed the relevant Order may pick-up in-store the Goods ordered, unless that person nominates another person to pick-up the Goods on his or her behalf.

11.3 If you choose to pick up your Order in store, your Order should be available for pick up in store approximately within a 3-7 business days

11.4 When picking up Goods in store:

(a) you (or the relevant person who you nominate to pick-up the Goods on your behalf) must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that the person collecting the goods is either the purchaser or the person nominated by purchaser to pick-up the Goods. If requested, you (or the relevant person who you nominate to pick-up the Goods on your behalf) must allow Fox Racing Australia to take a copy of this identification for fraud prevention purposes. The copy will not be used by Fox Racing Australia for any other purpose or disclosed to any person outside of Fox Racing Australia;

(b) where you pick-up the Goods in-store, store staff may also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;

(c) you (or the relevant person who you nominate to pick-up the Goods on your behalf) will also need to bring the email or SMS that Fox Racing Australia has sent to you confirming that the stock is available for pick-up; and

(d) Fox Racing Australia retail partner staff have the right to refuse collection of Goods if you (or the relevant person who you nominate to pick-up the Goods on your behalf) cannot or will not satisfy the requirements set out above. In this event Fox Racing Australia will contact the person who placed the Order using the contact details provided.

12. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

12.1 You agree and acknowledge that:

(a) Fox Racing Australia does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 9.7 - 9.8, 10.3 or 11.3 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by Fox Racing Australia or any of its staff;

(b) stock availability and events outside Fox Racing Australia’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;

(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Fox Racing Australia nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

13. GIFT CARDS

13.1 The terms and conditions for Fox Racing Australia gift cards can be found here.

14. REFUNDS OF YOUR MONEY
Consumer Guarantees
As a consumer, you are entitled to certain guarantees in respect of goods and services purchased from Fox Racing Australia. These guarantees are called Consumer Guarantees and are not impacted by the change of mind policy or limited by a defined timeframe. The Australian Consumer Law, however does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).

Where you believe an item is faulty or defective, it may be necessary for us to send your goods to the manufacturer or their service agent for it to be assessed within a reasonable period of time. If the goods or service has a major failure, you may reject the good or service and seek a refund, exchange or repair or you may keep the item and seek compensation for any drop in value. If the failure is minor, we will repair the item (or, at our discretion, we may replace the item or refund you) within a reasonable time.

Where an item is damaged through misuse, neglect or abnormal use, Fox Racing Australia will not provide a refund, exchange or repair.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Fox Racing Australia will require satisfactory proof of purchase before providing a remedy under the Australian Consumer Law.

14.1 Where Fox Racing Australia agrees to refund your payment pursuant to these Terms and Conditions, Fox Racing Australia aims to initiate your refund within 7 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). Where goods are being returned to Fox, refunds can only be processed once goods have been received at Fox and been processed for the return. Please note that where Goods have been purchased using a Fox Racing Australia gift card, the applicable refund will be processed back onto the Fox Racing Australia gift card. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if Fox Racing Australia is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

14.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Fox Racing Australia will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

14.3 Fox Racing Australia may, at it’s discretion, refuse to accept items returned for change of mind if we identify an unreasonable or excessive return pattern and may also restrict or refuse future returns from individuals

15. RETURNS/FAULTY OR DAMAGED GOODS
The item must be in the condition sold to you, un-used and with tags attached (where applicable). Item(s) for exchange must be brand new, never-installed/used, and with full undamaged packaging. Please do not place return labels directly onto the manufacturer’s original packaging.

15.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact Fox Racing Australia on http://www.foxracing.com.au/contact-us/ as soon as possible.

15.2 If you have a problem with any Goods or otherwise wish to return them please refer to Fox Racing Australia’s Returns Policy which forms part of these Terms and Conditions. Please note that, all online purchases and Click & Collect orders must be returned directly to Fox Racing Australia. Please contact The Online Team via email at: customerservice@foxracing.com.au before sending back any faulty items to be refunded, repaired or replaced. If you choose to email our team regarding faulty products please attached images of the fault so our team can assess the item before a RMA is approved.

If the item is deemed to be faulty, a pre-paid freight return label will be sent to cover the freight costs of the return. Faulty items may be returned outside of the regular returns time frames providing the item is still under warranty. Please contact our friendly customer service for warranty periods.

We try to process all returns within 5 business day of receiving, but at times this may take longer. If a refund is approved, the amount will be refunded back to your original payment method. This can take up to 2 business days after the approval to process back to your account.

Please note, some faults must be approved by the manufacturer before a refund or replacement can be issued. In this case, we will keep you informed on a regular basis via email updates.

15.3 When returning Goods:

(a) please provide Fox Racing Australia with your proof of purchase;
• Online Tax Invoice (order confirmations will not be accepted)
• Packing slip included in all online purchases and click & collect

Please note that our team members are not responsible for proving your purchase. You must supply the proof of purchase, which our team members can validate. We do not offer a refund for Change of Mind.

(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers must return all out-of-the-box accessories (such as spare helmet padding) supplied at the time of original purchase.

(c) Goods must be returned in their original packaging and that packaging must have a protective paper or cardboard cover for protection during the return freighting.

Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

15.4 You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves, and the packaging must also pe protected during the return freight.

15.5 Special ordered items:
A special order is defined as an order of a product that is not visible on our website and not part of our standard product catalogue. Special ordered spare parts, and/or electronics, cannot be returned unless faulty or not-as-described (no return due to change of mind, wrong fitment, or incorrect installation).

15.6 Please see the list below for things to avoid to ensure your return is accepted:

• Please do not place return label directly onto the manufacturer’s original packaging.
• When trying on boots, please do not stand on your foot pegs as some sharp pegs can mark/damage boot soles, and your return/exchange might not be accepted.
• Please ensure all returned apparel items are free from marks, stains and rips as they may not be accepted for return if received damaged (unless faulty).
• Due to health & hygiene regulations, we are unable to accept returns on any undergarments, face masks or bandanas unless faulty.

15.7 Some items cannot be returned unless faulty or not-as-described (no returns on these items due to change of mind, wrong fitment or incorrect installation) these include special ordered spare parts not on our website and/or electronics

15.8 Any return that is not in an acceptable condition will be sent back at the expense of the customer. Please ensure all items are in a new & resaleable condition to avoid your return being rejected.

15.9 Helmet Return Policy
When trying on helmets please ensure your face is free of makeup, sunscreen or anything that has the potential to stain the internals of the helmet. Helmet returns will not be accepted if the helmet has been worn, scratched or damaged in any way.

If we believe that the shell of the helmet has been compromised in any way, we will not accept the return. Helmet exchanges are reviewed on a case-by-case basis and are not approved until assessed by a member of our Online Sales Team or supplier and deemed resalable.

15.10 Packaging your return
Follow these easy steps to return any items:

16. MORE INFORMATION ABOUT FOX RACING AUSTRALIA’S LIABILITY TO YOU

16.1 To the full extent permitted at law, Fox Racing Australia is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

17. PRIVACY

17.1 Fox Racing Australia policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions

18. ADDITIONAL TERMS AND CONDITIONS

18.1 Your use of the Website is governed by the Website Terms of Use

18.2 Additional terms and conditions apply to delivery of bulky goods which Fox Racing Australia classifies as big and bulky.

19. GENERAL

19.1 Fox Racing Australia reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

19.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

19.3 These Terms and Conditions are governed by the laws of Victoria, Australia.

19.4 These Terms & Conditions of Sale apply only to sales made directly through our website. These terms do not apply to in-store purchases, please refer to your Fox retailer of purchase for their Terms & Conditions of Sale.

 

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