TERMS & CONDITIONS OF SNOWMACHINE COMPETITION ENTRY
- Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
- Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
- The Promotion will be conducted during the Promotion period.
- The time zone applicable to any time stated, relates to the state or territory where the Promoter is located, unless expressly stated to the contrary.
- The Prize/s are specified in the Details of prizes section of the Schedule.
- The total prize pool is specified in the Total prize value section of the Schedule.
- Any prize is valued in Australian dollars unless expressly stated to the contrary.
- Prizes involving travel must be taken to coincide with the dates specified in the Details of prizes section of the Schedule or as otherwise specified in the conditions of any third party travel provider. Any changes to the confirmed prize details will be at the expense of the winner(s) and will only be permitted with the prior consent of the Promoter or third party travel provider.
- Unless otherwise stated, any travel prize does not include travel insurance, travel documents, meals, taxes not included in the price of the ticket, transfers, flights, accommodation or any other costs of a personal nature. Compliance with any health, travel insurance, passport or other government requirements is the responsibility of the prize winner. Failure to comply with this will deem the winner’s entry invalid and the entrant will forfeit the prize. The Promoter makes no representation as to the safety, conditions or other issues that may exist as part of the travel or at the destination.
- The Prize travel is subject to availability at the time of booking. The winner and, if applicable, their companion must travel together on all prize travel. The Promoter is not responsible for any cancellation, delay or rescheduling of flights, and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner.
- If the prize winner of the Event prize has not confirmed their availability to take the prize on the specified dates by the specified time and date, the prize winner’s entry will be deemed invalid. The Promoter reserves the right to conduct a further draw to award the prize, subject to any directions given by any relevant authority.
- Neither the Promoter nor any company or agency associated with the Event accepts responsibility for the cancellation or delay of the Event for any reason beyond their control or any inability of the winner to attend the Event when scheduled.
- If any part of the Event is abandoned, varied, called off or postponed for any reason, the winner and, if applicable, their companion(s), at the Promoter’s discretion, forfeits all rights to attend the event and no cash or alternative tickets will be substituted for that element of the prize.
- Entrants agree to comply with any conditions which accompany the Event.
- Any Cash prize will be distributed via EFT.
- All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.
- Entrants agree to comply with any conditions which accompany the Voucher.
- Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
- Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
- The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
- The time of entry will be deemed to be the time the entry is received by the Promoter.
- Entrants may submit up to the Maximum number of entries (if applicable).
- The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
- The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. If a draw is scheduled on a public holiday, the promoter may choose to instead hold the draw on the first business day after the relevant public holiday. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
- The winner does not need to be present at the draw unless expressly stated to the contrary.
- The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
- The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
- It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
- The winner(s) first initial, last name and postcode will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
- If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the first initial, last name and postcode of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority. The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
- To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
- If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
- Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
- The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
- The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
- All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
- Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
- The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
- The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
- Facebook, YouTube, Instagram, TikTok, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok, or Snapchat.
TERMS AND CONDITIONS OF SALE ("SALES TERMS")
December 11, 2018
Sale is available online only, prices are as marked and cannot be combined with any other offer, Click Frenzy sale products are not eligible for return. Sale concludes 11.59PM AEST 16/05/25.
These Sales Terms are applicable to the Salomon Online Shop (“Online Shop”) at theSalomon.com.au and to orders and sale transactions for products available at the Online Shop (“Product”).
The Online Shop is owned by and operated by Amer Sports Australia PTY LTD,. (herein, "Salomon", "we" or "us" as the context may require). The Online Shop is owned by and operated by Amer Sports Australia PTY LTD.Amer Sports Australia PTY LTD is the seller of the products.
Amer Sports Australia PTY LTD
ABN number:65 063 414 568
With regard to your purchases in the Online Shop we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Please note that these Sales Terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
GIFT WITH PURCHASE
Free gift is eligible with every order which includes: full price footwear from Hiking, Trail & Run categories. One gift per order.
If purchase item is required to be returned, free gift must be returned as well.
Gift is only available whilst stock lasts.
ABOUT THESE SALES TERMS
These Sales Terms only apply to purchases made in this Online Shop. Other Salomon web sites on the internet may have different terms and conditions. From time to time Salomon may change or alter these Sales Terms which will be applicable to orders placed on or after the effective date stated by Salomon.
Information contained in Salomon's advertising, brochures or other written materials, on Salomon web sites or given to you, is for information only and not an offer by Salomon to supply any Products.
BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS.
Additional terms and conditions are required to be accepted for Employee or other purchase programs.
PLACING AN ORDER
To be able to buy Products you have to:
- Provide your name and address, phone number, email address, payment details and other required information.
- Be at least 16 years of age.
- Provide a delivery address in Australia (note that Salomon is able to deliver to certain addresses, including but not limited to, P.O. Box addresses and Military APO/FPO addresses provided that a physical address is included).
- Be the owner or authorized holder of a valid payment method.. You may place an order by clicking on the "Add to cart" button and proceeding to the checkout page.
When you create an Salomon account you will also create a personal user identification (your username) and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.
ORDER PROCESSING AND CONTRACT FORMATION
You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders must be accepted by Salomon. We may choose not to accept abnormal orders and orders which Salomon suspects are not placed in good faith.
After having received your order, Salomon will send you an order confirmation via email with your order number and details of the items you have ordered.
Acceptance of your order and the formation of the contract of sale between Salomon and you will not take place unless and until you have received your Salomon order confirmation email.
Cancelling orders is not guaranteed unless you contact us quick enough. If already dispatched, you will have to return the product(s) at your own expense.
PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. Salomon may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Salomon charges sales tax where required by law. The appropriate charges are included in the total price displayed on your Salomon Order. Prices for the Products do not include charges for shipping and handling.
Separate charges for shipping will be itemized in your shopping cart and on Your Salomon order confirmation email.
PRODUCT AVAILABILITY AND DELIVERY, CIRCUMSTANCES BEYOND REASONABLE CONTROL
Salomon does not guarantee the availability of any Product in the Online Shop. Salomon reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.
We will provide you with the information on the latest expected delivery date which will not exceed 30 days unless you specifically agree on a later date.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. Reimbursement for payment of the express delivery price will occur if the service requested was not delivered on time.
If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by Salomon.
Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the return instructions included in the package.
Salomon shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
COMPATIBILITY, PRODUCT INFORMATION
When placing your order please ensure that the Products you purchased are compatible for the intended use. Please use the information provided in the Online Shop as reference when checking compatibility. In the event of a difference between the Online Shop content and any other Salomon (or non-Salomon) web site (or any other source of information) the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence. We encourage you to examine the delivery package and received items within fourteen days after they are delivered to you and check their condition and that the content of the delivery package is complete.
PAYMENT
Payment shall be made by a credit or debit card approved by Salomon or PayPal or Zip Pay. Approved credit and debit card types are listed in the Online Shop. You have to supply your payment details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. Your payment will be charged on shipment of the ordered items. We will not supply the items to you until payment is confirmed. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.
TITLE TO PRODUCTS
Salomon retains full legal title to Products until it has received all amounts due on the ordered Products.
RETURN AND REFUND
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the items you have purchased return the product within sixty (30) calendar days after the original purchasedate and correctly follow the instructions on the Returns & Refunds section of theCustomer Support Centre.
Once we have received and validated your returned items, we will confirm it to you by email. Refund will be processed by us and confirmed by email.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our customer service.
EXCLUDED ITEMS
Any discounted products from the Outlet collection will not be eligible for change of mind returns.
Change of mind return examples:
- Sizing
- Colour
- Style
HOW TO RETURN ITEMS?
- You must return the items in their original package with tags attached or returned.
- All gift's must be returned with purchase item.
- You must include all accessories, user manuals and any free gifts that came in the same package.
- Where an item has been purchased as a part of a bundle of multiple items, all multiple items within that bundle must be returned.
- Please treat the items with care and return them in the condition that they were delivered to you.
- Please use, if possible, the original delivery package or pack the items securely and make sure that the filled out return form is included inside the box and place the pre-printed return label on the outside of the packing used for shipping.
- Replacement or refund can only be processed once we have received all the items to be returned.
If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card 5-7 business days after the date of receipt of the delivery.
Please note that Salomon will only process returns and refunds for items bought in this Online Shop.
WARRANTY
Salomon provides this warranty to buyers who purchased the Salomon product (Product). Salomon Products are guaranteed against all manufacturing or material defects (Defect) for the Warranty Period as defined in the: Customer Support Centre
PERSONAL DATA
The Salomon Privacy Policy and additional provisions in these Sales Terms govern the use of your personal data. Purchasing of goods in the Online Store requires that you accept the Salomon privacy policy and the processing of personal data as described in the Salomon privacy policy, as defined in the following link: Privacy Policy
OUR LIABILITY
These Sales Terms set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
GENERAL
If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
CONTACT DETAILS
Salomon customer service will assist you with any questions. You can contact us here
GOVERNING LAW
These Sales Terms shall be governed and construed in accordance with laws of the Australia.