Terms of service

OVERVIEW

This website https://www.delfinasport.com/ (“Website”) is operated by Delfina Sport Pty Ltd ACN 601 635 303 (Delfina). Throughout the Website, the terms “we”, “us” and “our” refer to Delfina. Delfina offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting this Website and/ or purchasing something from us, you engage in our service (“Service”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content and you must only use the Website in accordance with these Terms and any applicable law. 

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you accept and agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service, you must cease usage of the Website, or any of Services, immediately. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Delfina in the user interface. 

To access some features of the Website, such as creating wish lists, you must register an Account with us.  To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address.  You must not register more than one Account. You should not create an Account if you are under 13 years old. 

To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities. 

You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact Customer Service immediately and take immediate steps to re-secure your Account (including by changing your password). 

We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - TERMS & CONDITIONS FOR CUSTOM TEAMWEAR

Minimum Order Quantity:

Our minimum order quantity for most items is set at 10 units per style, with the flexibility to choose any size. For items outside our core range minimum order may vary. We offer the added benefit of free design and free set up for your orders.  Please note that swim caps will incur a setup cost. Shipping and delivery cost will be quoted separately, based on your location and specific requirements.

Colour:
We understand the importance of colours and designs. Please note that colours displayed on screens may vary from how they appear when printed on various fabrics. If you have specific colour requirements, kindly provide us with the Pantone Colour Code. If you want to ensure colour accuracy, we can conduct test prints. Note this may extend the production time and incur additional costs. Please be aware that we are unable to offer refunds based on colour discrepancies. 

Design:
To help our team understand your vision, please provide as much information as possible. Please ensure that your logo is provided in vector formatting. Any changes or modifications should be communicated to us via email or in written format within 3 business days. An excessive amount of design changes may lead to additional charges. We kindly request clear communication to ensure a smooth process. 

Sizing:
We are unable to offer refunds or replacements for custom club apparel due to incorrect sizing chosen. If you are uncertain about sizing, we recommend referring to our size guide located at ‘delfinasport.com’ or contacting our team for assistance. Alternatively, you have the option to schedule a visit to our warehouse in Sydney, where our team can assist you with sizing. We may also provide size kits, subject to availability. These size kits must be returned within 30 days of being received, and you will be responsible for the shipping costs. Failure to return the size kits will result in a fee.

Samples:
We provide the opportunity to acquire custom-designed samples of your requested items. Note there may be a cost incurred per sample garment. If you choose to proceed with an order, we will credit 50% of the sample cost towards your final order. Furthermore, subject to availability, we can offer non-custom samples at the cost of shipping to you. Please note that you are responsible for returning the non-custom samples to us within 30 days.

Refunds / Returns:
As the items are custom made and exclusively tailored as per your requirements, we are unable to offer any refunds or replacements.

Change of Mind:
Once your items have entered the production phase, we are unable to accommodate any changes to the design, size or quantities. We kindly request that you carefully review your order before it reaches this stage to ensure accuracy.

Faulty:
In the rare occurrence that an item may be faulty, please notify us via an account manager or website contact page with the details of issue(s) and photographs of the faulty items, within 3 business days of receiving the order. A refund ,repair, replacement or exchange will be organised at Delfina’s discretion upon appropriately assessing the items. We will inform you of our decision to rectify this issue as per Australian consumer guarantees law.

Delivery Date & Turnaround:
Typically, delivery takes approximately 4 -5 weeks from the date the order is confirmed. If you have a specific date by which you require your items, please inform us at the time of placing the order. We will assess the feasibility of meeting this deadline and make every effort to accommodate your request.

Shipping Details:
Please note that the delivery costs will be quoted separately based on your location and specific provided as the time of placing the order. Please ensure that you provide us with the correct shipping address as this can not be changed after the order has shipped.

Payment:
To ensure a smooth transaction, we kindly request that payment be made within 7 days of invoicing so that we may place the order into production, unless otherwise agreed with your Account Manager. Failure to make payment within this specified timeframe may result in your order being delayed.

By confirming your order, the customer acknowledges that they have received and reviewed the T&C’s and agree to be bound by them.

SECTION 2 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us. 

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 4 - CONDITIONS DELFINA SPORT PTY LTD GIFT VOUCHER

Gift voucher(s)is redeemable only at Delfina Sport Pty Ltd and can be used to purchase any available products, subject to stock availability.

The gift voucher is valid for 12 months from the date of issue. After the expiry date, the voucher will no longer be valid, and any unused balance will be forfeited.

The gift voucher is non-refundable and cannot be exchanged for cash, in full or in part. No credit or change will be given for any unused portion of the voucher.

The gift voucher is non-transferable and can only be used by the person to whom it is issued. Proof of identity may be required at the time of redemption.

Delfina Sport Pty Ltd is not responsible for lost, stolen, or damaged vouchers. Lost or stolen vouchers will not be replaced.

Multiple vouchers may be used in a single transaction, but they cannot be combined with any other promotions, discounts, or special offers, unless otherwise stated.

If the total value of the purchase is less than the value of the voucher, the remaining balance will remain on the voucher for future use until the expiry date.

The gift voucher cannot be used to purchase other gift vouchers or for services not provided by Delfina Sport Pty Ltd. The voucher is valid for merchandise purchases only.

Delfina Sport Pty Ltd reserves the right to amend these terms and conditions at any time without prior notice.
These terms and conditions are governed by the laws of New South Wales, Australia, where Delfina Sport Pty Ltd predominantly operates. Any disputes arising from the use of the gift voucher will be subject to the jurisdiction of the courts of New South Wales

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. 

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website. 

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 7 - PRODUCTS OR SERVICES (if applicable)

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 8 - COPYRIGHT AND INTELLECTUAL PROPERTY

The Website and the Services of Delfina are subject to copyright. 

The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Delfina or its contributors. 

All trademarks, service marks and trade names are owned, registered and/or licensed by Delfina. Your access to the Website does not licence you use those marks in any commercial way without Delfina’s written permission.  

Delfina does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Delfina. 

Delfina retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: 

You may not, without the prior written permission of Delfina and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. 

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 
 
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 10 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 11 - THIRD-PARTY LINKS 

Certain content, products and services available via our Service may include materials from third parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 - PERSONAL INFORMATION 

Your submission of personal information on the Website is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

You must not link to our Website or any part of our Website in a way that damages or takes advantage of our reputation, including but not limited to: