TERMS AND CONDITIONS

Terms and Conditions

1. Acceptance of Terms

(a) This website is operated by Bonney Enterprises Pty Ltd trading as GIAAN ACTIVE (“GIAAN ACTIVE”, “we”, “our” or “us”) and can be accessed at giaanactive.com (“Site”). By accessing and using the Site or placing an order, you agree to these Terms and Conditions (“Terms”).

(b) Please read these Terms and our Privacy Policy carefully before using the Site. If you are under 18 years of age, you must review these Terms with a parent or legal guardian and obtain their consent before creating an account or placing an order.

(c) You must be at least 13 years of age to create an account or place an order. Parents and guardians are responsible for supervising any use of the Site that they authorise on behalf of a minor.

2. Registration and Account Creation

(a) You may create an account with GIAAN ACTIVE to streamline the purchasing process. You must ensure that the information you provide is accurate and kept up to date.

(b) Personal information collected during registration will be handled in accordance with our Privacy Policy.

(c) You are responsible for keeping your account credentials confidential and taking reasonable steps to prevent unauthorised access. Please notify us promptly if you suspect unauthorised use of your account.

3. Collection of Personal Information

(a) We collect personal information to respond to your enquiries, process orders and provide our services.

(b) Personal information may be shared with third-party service providers who assist us in delivering our services, or as otherwise permitted or required by law. If you choose not to provide information needed to process an order, we may be unable to fulfil it.

(c) Our Privacy Policy explains how we collect, store, use and disclose personal information, and how you can request access to or correction of your information.

(d) We will handle your personal information in accordance with our Privacy Policy and applicable privacy laws.

4. Orders and Acceptance

(a) By placing an order, you make an offer to purchase the selected products at the prices and charges displayed at checkout.

(b) We may decline an order on reasonable grounds, including product unavailability, an obvious pricing error or suspected fraudulent activity. If we decline your order, we will notify you promptly and refund any payment received for that order.

(c) A binding agreement for the purchase of products is formed when we confirm acceptance of your order. An automated acknowledgement of receipt does not, by itself, constitute acceptance.

(d) You are responsible for checking your order details, including product selection, sizing, delivery address and total price, before submitting your order.

5. Availability and Cancellation

(a) All orders are subject to product availability. We take reasonable steps to keep inventory information on the Site accurate.

(b) If, before dispatch, we discover that a product is unavailable, an obvious pricing error has occurred, or circumstances beyond our reasonable control prevent fulfilment, we will contact you promptly to explain the issue. We will not charge a higher price or substitute products without your agreement.

(c) If we cannot fulfil your order and no alternative is agreed, we will cancel the affected order or item and promptly refund the amount paid for it, including any delivery charges attributable to the cancelled items. If the entire order is cancelled, we will refund all delivery charges paid.

(d) Store credit or a backorder may be offered as an alternative, but only with your agreement. You do not have to accept either instead of a refund.

(e) Nothing in this section limits your rights under Australian Consumer Law.

6. Pricing and Payments

(a) Prices are listed in Australian dollars and include GST where applicable. Delivery charges and any optional additional charges will be displayed before you submit your order.

(b) Payment must be received in full before products are dispatched.

(c) You must be authorised to use the payment method provided. Payments must not be made through fraudulent or unlawful means.

(d) Promotional prices and discounts apply subject to the conditions stated for the relevant promotion.

7. Promotional Codes

(a) GIAAN ACTIVE may offer promotional discount codes from time to time. To redeem a code, enter it in the relevant field during checkout.

(b) Any expiry dates, exclusions, minimum purchase requirements or restrictions on combining discounts will be stated in the promotion’s conditions.

(c) Promotional conditions do not limit your rights under Australian Consumer Law.

8. Delivery, Title and Risk

(a) We offer delivery within Australia and to available international destinations. Please refer to the delivery information on the Site for further details.

(b) Delivery charges are calculated at checkout based on your location and selected delivery method.

(c) We aim to dispatch products within 72 hours of receiving your order, unless a different timeframe is stated for the product, such as a preorder. Dispatch and delivery estimates are estimates only. We will notify you of any significant delay we become aware of.

(d) You are responsible for providing accurate delivery information. If you need to make a change, please contact us promptly. Changes may not be possible once an order has been dispatched.

(e) Ownership of the products passes to you once we receive full payment. Risk of loss or damage passes to you when the products are delivered to you or your nominated recipient, or left in accordance with your express delivery instructions.

(f) Nothing in this section excludes our responsibility for delivery failures or any rights or remedies available to you under Australian Consumer Law.

9. Consumer Guarantees

(a) Our products are covered by consumer guarantees under Australian Consumer Law that cannot be excluded, restricted or modified by these Terms.

(b) If a product has a major failure, you may reject it and choose a refund or replacement, subject to Australian Consumer Law. You may also be entitled to compensation for reasonably foreseeable loss or damage caused by a failure to meet a consumer guarantee.

(c) If a product has a problem that does not amount to a major failure, we will provide an appropriate remedy in accordance with Australian Consumer Law. If the problem is not remedied within a reasonable time, you may have further rights.

(d) These rights apply in addition to any voluntary warranty or change-of-mind returns policy we offer.

10. Returns and Exchanges

(a) Please refer to our Returns Policy for instructions on requesting a return or exchange and the conditions applying to change-of-mind returns.

(b) Our Returns Policy does not exclude, restrict or replace your rights under Australian Consumer Law. Conditions applying to change-of-mind returns do not limit your remedies for faulty, misdescribed or otherwise non-compliant products.

11. Liability

(a) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.

(b) We remain responsible for loss or damage for which we are legally liable, including under Australian Consumer Law. Any entitlement to compensation will be determined in accordance with applicable law.

(c) You are responsible for loss or damage to the extent caused by your unlawful use of the Site or breach of these Terms. You are not responsible to the extent that our acts or omissions caused or contributed to that loss or damage.

12. Intellectual Property and Trade Marks

(a) Intellectual property rights in the Site and its content, including branding, logos, photographs, graphics, text and designs, are owned by or licensed to Bonney Enterprises Pty Ltd, unless otherwise stated.

(b) GIAAN ACTIVE is a trade mark used by Bonney Enterprises Pty Ltd. All rights in the GIAAN ACTIVE name, trade mark and associated branding are reserved to their respective owners.

(c) You may view the Site and print or download content for your personal, non-commercial use. Except as permitted by law, you must not reproduce, distribute, modify or commercially exploit Site content without prior written permission from the relevant rights holder.

(d) Nothing in these Terms grants you a licence to use the GIAAN ACTIVE name, logos or trade marks. Except as permitted by law, you must not use them without prior written permission, including in a way that falsely suggests an affiliation, endorsement or sponsorship.

13. Suspension and Termination

(a) We may suspend or terminate your account or access to the Site where reasonably necessary to address a material breach of these Terms, suspected fraud, unlawful activity or a security risk.

(b) Where reasonably practicable, we will notify you of the reason and provide an opportunity to resolve the issue before terminating access.

(c) You may stop using the Site at any time.

(d) We may update, modify or discontinue parts of the Site. Doing so will not remove our obligations relating to accepted orders or affect rights that have already arisen.

14. General Provisions

(a) Dispute resolution: If you have a concern or dispute, please contact us using the details below so we can try to resolve it in good faith. This does not prevent either party from seeking urgent relief or exercising legal rights, including contacting a consumer protection agency or bringing a claim before a court or tribunal.

(b) Notices: Notices relating to these Terms may be provided in writing by email. We may contact you using the contact details you supplied with your account or order.

(c) Waiver: A failure or delay in exercising a right under these Terms does not, by itself, waive that right.

(d) Severability: If a provision of these Terms is found to be invalid or unenforceable, it will be severed to the extent necessary, and the remaining provisions will continue to apply.

(e) Changes to these Terms: We may update these Terms by publishing a revised version on the Site. The Terms in effect when you place an order will apply to that order unless you agree otherwise.

(f) Governing law: These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of Queensland courts and courts entitled to hear appeals from them. This does not limit any mandatory consumer protections or rights to bring proceedings in another court or tribunal with jurisdiction.

Contact Us

For questions about these Terms, please contact:

Bonney Enterprises Pty Ltd trading as GIAAN ACTIVE
Email: info@giaanactive.com