Overview

This website is operated by Dialed Active Pty Ltd, a company registered in Australia. Throughout the site, the terms “we,” “us,” and “our” refer to Dialed Active Pty Ltd. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “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 site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools 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., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Contact Information

You can contact us via email at info@dialed.online. We may contact you using the email and/or billing address/phone number provided at the time your order was placed.

Section 1 - 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 unauthorised 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 2 - General Conditions

Service Refusal: We reserve the right to refuse Service to anyone for any reason at any time.

Content Transmission: Your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Prohibited Use: 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.

Headings: The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site 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 site is at your own risk.

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

Section 4 - Modifications to the Service and Prices

Price Changes: Prices for our products are subject to change without notice.

Service Modification: We reserve the right 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 any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 - Our Products & Services

Our Products: We offer activewear clothing apparel.

Product Representation: We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your device's display of any color will be accurate.

Sales Limitation: 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 our sole discretion. 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.

Quality Disclaimer: 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 6 - Accuracy of Billing and Account Information

Order Refusal: We reserve the right to refuse any order you place with us. We may, at 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.

Accurate Information: 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 7 - 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 the 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 8 - 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 9 - 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 to be 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 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 - 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 12 - 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.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and governs your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Australia.

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Shipping and Delivery

You can view our Shipping Policy HERE.

Shipping Your Order: Estimated delivery times are provided in our shipping policy. Once your order has been dispatched, you will receive an email confirmation.

Delivery Costs: Delivery costs will be displayed on our website before you proceed to checkout.

If You're Not Home for Delivery: If no one is available to receive the delivery and the products cannot be left in your letterbox, the delivery service will leave a note with instructions on how to rearrange delivery or collect the products from a local depot.

Responsibility for the Product: You are responsible for the product once it has been delivered to the address you provided.

Ownership of Products: You own the product once we have received full payment.

Customs Duties and Taxes for International Orders: Customers outside of Australia are responsible for any customs duties, taxes, and other requirements when importing products. These costs can be significant, so please verify them before placing your order. We are not responsible for customs duties, taxes, non-compliance issues, or parcels returned for these reasons, and we will not issue refunds in such cases. The relevant third-party logistics provider will contact you for payment of any duties, taxes, and handling fees before delivery.

Failure to Re-arrange Delivery: If you do not re-arrange delivery or collect your order from a depot after a failed delivery attempt, we will contact you for further instructions. You may be charged for storage and additional delivery costs. If we cannot reach you or arrange delivery, we may terminate the contract.

Delays Outside Our Control: If product supply is delayed due to events outside our control, we will notify you promptly and take steps to minimise the delay. We are not liable for delays caused by such events. If there is a risk of substantial delay, you may contact us to cancel the order and receive a refund for any products not yet received.

Section 21 - Pricing and Payment

Payment Methods: The price of your order, including delivery costs and applicable sales tax, will be displayed in Australian Dollars (AUD) during the order process. We accept various payment methods, including American Express, Apple Pay, Google Pay, Mastercard, Shop Pay, Union Pay, and Visa.

International Orders: For customers outside of Australia, the price of your order does not include overseas customs duties, taxes, or other import requirements. These additional costs can be significant, so please verify them before placing your order. We are not responsible for customs duties, taxes, or any compliance issues, nor for parcels returned due to unpaid customs duties or taxes. Refunds will not be issued in these circumstances.

Section 22 - Returns

You can view our Returns & Exchanges Policy HERE.

If you are not completely satisfied with your purchase, you may return your products for store credit within 14 days of receipt. Returned products must be unworn, unwashed, and in their original condition with original packaging and all tags attached.

Please note that we do not offer free returns for international orders. You are responsible for any return shipping charges, except in cases of faulty items or items that were incorrectly priced. To ensure your protection, please return your products via recorded or registered post.

Refunds, if applicable, will be processed as soon as possible via the original payment method.

For more information, please contact us via email at info@dialed.online.

Exchanges: Due to the limited availability of our products, we cannot hold stock for exchanges. If you are not completely satisfied with your purchase, please follow our returns policy as outlined HERE. If you wish to purchase a different item, you must place a new order online. Note that certain items may no longer be available due to limited production runs.

Pricing Errors: Occasionally, despite our best efforts, some products on our website may be incorrectly priced. If the correct price at your order date is higher than the stated price, we will contact you to confirm your order at the correct price or to cancel it. If the correct price is lower than the stated price, we will refund you the difference.

Section 23 - Your Order

Order Acceptance: Our acceptance of your order will take place when we email you to confirm acceptance. At this point, a contract will come into existence between you and us.

Order Confirmation: Upon placing an order, you will receive an email acknowledging that we have received your order. Please note that this initial acknowledgment does not signify acceptance of your order.

Contract Formation: The contract between us will be formed only when we send you an email confirming that the items you ordered have been dispatched. This email will include details of your order and tracking information for your shipment.

Your Order Number: We will assign an order number to your order and provide it to you when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

If you do not receive an order confirmation within 24 hours, please contact us at info@dialed.online.

Availability and Pricing: All orders are subject to availability and confirmation of the order price. If we discover an error in the price of any goods you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it.

Non-Acceptance of Orders: We reserve the right not to accept your order for any of the following reasons:

• The product you ordered is out of stock
• We are unable to obtain authorisation for your payment
• A pricing or product description error is identified
• You do not meet the eligibility criteria set out in our terms and conditions

If we are unable to accept your order, we will inform you of this in writing (via email) and will not charge you for the product.

By placing an order on our website, you agree to provide accurate and complete information and ensure that your payment details are valid and correct. Please double check your inputs and details are correct when placing an order.

Section 24 - Our Rights to End the Contract

We May End the Contract if You Break It: We may end the contract for a product at any time by writing to you if:

• You do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due.
• You do not, within a reasonable time, allow us to deliver the products to you.

You Must Compensate Us if You Break the Contract: If we end the contract, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

Section 25 - Queries and Complaints

How to Tell Us About Problems: If you have any questions or complaints about the product, please contact us. You can email us at info@dialed.online.

Section 26 - Our Responsibility for Loss or Damage Suffered by You

Your Legal Rights: You have certain rights under the law, including that any products you order through this website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this website. Nothing in these terms and conditions will affect your legal rights.

Liability: We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

We Are Not Liable for Business Losses: We only supply the products for domestic and private use. If you use the products for any commercial, business, or resale purpose, we will have no liability to you for any loss of profit, loss of business, loss of goodwill, business interruption, or loss of business opportunity (and in each of these cases whether the losses suffered are direct or indirect).

Loss and Damage That Is Not Limited by Us: Nothing in these terms and conditions will have the effect of limiting or excluding our liability (i) for death or personal injury caused by our negligence, or (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be excluded or limited under applicable law, such as your legal rights referred to above.

Section 27 - Other Important Terms

Changes to These Terms and Conditions: We may change these terms and conditions from time to time.

Transfer of Rights: We may transfer our rights and obligations under these terms to another organisation or deal with them in any other way that we consider appropriate.

Transfer of Your Rights: You may only transfer your rights or your obligations under these terms to another person.

Rights of Third Parties: Nobody else has any rights under these terms and conditions. This contract is between you and us. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

Severability: If a court or relevant authority finds part of these terms unenforceable, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Enforcement of Contract: Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.

Governing Law: These terms are governed by Australian law and you can bring legal proceedings in respect of the products in the Australian courts.