Terms of service

OVERVIEW

This website is operated by COMMAFORTHEMOMENT PTY LTD (ABN 75 686 154 370) trading as Comma Football. Throughout this website, the terms “we”, “us” and “our” refer to Comma Football.

We provide this website, including the information, features, tools, products and services made available through it, subject to these Terms of Service (“Terms”).

By accessing or using this website, creating an account, or placing an order with us, you agree to be bound by these Terms, together with any policies or additional terms that are expressly incorporated by reference, including our Refund Policy and Privacy Policy.

These Terms apply to all users of the website, including browsers, customers and any person who accesses or uses any part of the website or our services.

Please read these Terms carefully before using the website or placing an order. If you do not agree to these Terms, you must not use the website or purchase products through it.

We may update these Terms from time to time in accordance with Section 23 – Changes to Terms of Service. The version of these Terms that applies to a purchase is the version in effect at the time the order is placed.

SECTION 1 – ONLINE STORE TERMS

By using this website or placing an order, you represent that you are at least the age of majority in your place of residence, or that you are using the website with the consent and supervision of a parent or legal guardian who accepts responsibility for your use of the website.

You may not use this website, our services or our products for any unlawful or unauthorised purpose, or in any way that violates any applicable law or regulation, including intellectual property laws.

You must not transmit viruses, malware, worms, malicious code or any other material designed to damage, disrupt, interfere with or gain unauthorised access to the website, our systems, or the systems or data of another person.

A breach of these Terms may result in the suspension or termination of your access to the website or our services, cancellation or refusal of an order where appropriate and permitted by law, and/or any other action reasonably necessary to protect Comma Football, our customers or third parties.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse, restrict, suspend or discontinue access to the website or our services where reasonably necessary, including where we believe these Terms have been breached, our website or services are being misused, or where required or permitted by law.

You agree not to interfere with, disrupt, damage or attempt to gain unauthorised access to any part of the website, our systems, networks or services.

Your submission and our handling of personal information through the website are governed by our Privacy Policy. Payment information is processed using our payment providers and applicable security measures.

The headings used in these Terms are for convenience only and do not affect their interpretation.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We take reasonable steps to ensure that information published on our website is accurate and current. However, general information provided on the website may occasionally be incomplete, outdated or contain errors and is provided for general informational purposes only.

The website may contain historical or archived information that is no longer current and is provided for reference only.

We may update, correct or modify website content from time to time. Except where required by applicable law, we are not obligated to update general or historical information solely because it has become outdated.

Information relating to product descriptions, pricing, promotions, availability, pre-orders, shipping or orders is subject to the specific provisions of these Terms and any applicable consumer laws. Nothing in this section excludes or limits any rights you may have under applicable law.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change from time to time without prior notice. Any price change will not affect an order already placed and accepted by us, except where there is an error in pricing or other order information as addressed in Section 15 – Errors, Inaccuracies and Omissions.

We may modify, suspend or discontinue the website, or any feature, product or service offered through it, at any time. Where reasonably practicable, we may provide notice of material changes that affect existing customers or orders.

To the maximum extent permitted by law, we will not be liable solely because we modify, suspend or discontinue the website or a service, or change the price or availability of a product. Nothing in this section limits any rights or remedies available to you under applicable consumer law.

SECTION 5 – PRODUCTS OR SERVICES

Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms, including our Refund Policy or any limitation or exclusion of liability, is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Product Availability and Information

Certain products may be available exclusively online and may be available only in limited quantities. We may limit the quantities of products available for purchase, discontinue products, or restrict the sale of products in particular geographic regions or jurisdictions where reasonably necessary or permitted by law.

We take reasonable steps to ensure that product descriptions, sizing information, photographs, colours and other product information displayed on our website are accurate. However, colours and appearance may vary depending on your device, display settings and other factors, and minor variations may occur between the product displayed online and the product received.

Nothing in this section limits your rights where a product does not comply with its description or otherwise fails to meet a consumer guarantee or other requirement under applicable law.

Returns, Refunds and Exchanges

Returns, refunds and exchanges are handled in accordance with our Refund Policy and applicable consumer law.

Where permitted by applicable law, we may offer a returnless resolution for certain approved refund, replacement or exchange claims. In these circumstances, we may ask you to permanently mark, alter or destroy the item, for example by cutting the garment, and provide photographic evidence before the resolution is processed. We will provide instructions if this applies to your claim.

We may instead require the physical item to be returned to us. Nothing in this process limits any rights or remedies available to you under applicable consumer law.

Statutory Right of Withdrawal

If you are a consumer in a jurisdiction that provides a statutory right to cancel or withdraw from an online purchase, including certain consumers in the European Union and United Kingdom, you may have the right to withdraw from your purchase within 14 days of receiving the goods without giving a reason, subject to any exceptions permitted by applicable law.

To exercise this right, you must notify us at support@commafootball.com within the applicable withdrawal period.

Where required by law, we will refund the purchase price and the cost of our standard delivery option. Any additional amount paid for an expedited, premium or alternative delivery method may not be refundable. You may be responsible for the cost of returning the goods where permitted by applicable law and where you were informed of this obligation before purchase.

Certain products may be excluded from a statutory right of withdrawal where permitted by applicable law, including goods made to your specifications or clearly personalised.

Your statutory withdrawal rights are separate from, and do not limit, any rights you may have in relation to faulty, defective, damaged, misdescribed or otherwise non-compliant goods.

Pre-Orders

Products identified as “Pre-Order” are not immediately available for dispatch. Any dispatch, availability or delivery date displayed for a pre-order product is an estimate based on the information reasonably available to us at the time and may change due to production, freight, customs, carrier delays or other circumstances.

If your order contains both in-stock and pre-order products, we may hold the order until all products are available or ship products separately. Where we choose to split an order, you will not be charged additional shipping fees solely as a result of our decision to split the shipment.

We will take reasonable steps to notify you of material delays affecting a pre-order. If a pre-order cannot be fulfilled, we will notify you and provide an appropriate resolution, which may include cancellation and a refund of the affected product.

Nothing in this section limits any rights or remedies you may have in relation to delayed or undelivered goods under applicable consumer law.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, hold or cancel an order where reasonably necessary and permitted by law. This may include limiting quantities purchased per person, household, customer account, payment method, billing address or shipping address.

We may limit or prohibit orders that we reasonably believe are being placed for unauthorised commercial resale, distribution or other commercial purposes, unless Comma Football has entered into a separate written wholesale, reseller, distribution or partnership agreement with the purchaser.

We may refuse, hold, cancel or require additional verification for an order where we reasonably suspect fraud, unauthorised payment activity, misuse of payment methods, abuse or manipulation of promotions, attempts to circumvent purchase limits, or other unlawful or abusive activity.

Where an order requires additional verification, we may request information reasonably necessary to verify the purchaser, payment method or order before processing or dispatching the order. If the requested verification cannot be completed, we may cancel the affected order and refund any amount paid where applicable.

If we limit, hold, change or cancel an order after it has been submitted, we will take reasonable steps to notify you using the contact information provided with the order.

You agree to provide current, complete and accurate purchase, billing, shipping and account information and to promptly update your information where necessary so that we can process your order and contact you regarding your purchase.

You are responsible for ensuring that the information you provide to us, including your email address, billing information and shipping address, is accurate and complete.

Nothing in this section limits any rights or remedies available to you under applicable consumer law.

SECTION 7 – SHIPPING AND DELIVERY

We ship orders to the destinations made available at checkout. Available shipping methods, estimated delivery timeframes and applicable shipping charges will be displayed at checkout where available.

Any dispatch or delivery timeframe provided on our website or during checkout is an estimate unless expressly stated otherwise. Delivery times may be affected by circumstances outside our reasonable control, including carrier delays, customs processing, weather events, public holidays, peak trading periods and other disruptions.

Once your order has been dispatched, we may provide tracking information where tracking is available for the selected shipping method. Tracking information is provided by the relevant carrier and may not always update in real time.

You are responsible for providing a complete and accurate delivery address when placing your order. If you become aware of an error in your delivery information, you should contact us as soon as possible. We cannot guarantee that an address can be changed after an order has been processed or dispatched.

Where an order cannot be delivered because of an incorrect or incomplete address provided by you, refusal to accept delivery, or failure to collect the parcel within the carrier’s required timeframe, the parcel may be returned to us. Where permitted by applicable law, you may be responsible for reasonable additional shipping costs required to resend the order.

We may ship an order in more than one parcel where reasonably necessary. Where we choose to split an order, you will not be charged additional shipping fees solely because of our decision to split the shipment.

If your parcel is lost, damaged in transit or has not arrived within a reasonable period after the estimated delivery timeframe, please contact us at support@commafootball.com so that we can investigate with the carrier and provide an appropriate resolution.

Risk in the goods will not pass to you earlier than permitted under applicable consumer law. Nothing in this section limits any rights or remedies available to you in relation to delayed, lost, damaged or undelivered goods under applicable consumer law.

SECTION 8 – CUSTOMS, DUTIES AND TAXES

For the majority of international orders, applicable import duties, customs charges and taxes are included in the price paid by you or otherwise covered by Comma Football.

For certain destinations, it may not be possible for us to collect or cover import duties, taxes or customs charges in advance. In these circumstances, you may be required to pay applicable charges directly to the relevant customs authority, carrier or other party before or upon delivery.

You are responsible for providing any information reasonably required by customs authorities, carriers or other relevant parties to clear and deliver your order.

Customs clearance procedures may cause delays outside our reasonable control. We are not responsible for delays caused by customs authorities or clearance procedures where we have fulfilled our obligations in relation to the shipment.

If you are unexpectedly asked to pay an import duty, customs charge or import tax, please contact us at support@commafootball.com so that we can investigate and confirm the charge.

Nothing in this section limits any rights or remedies available to you under applicable consumer law.

SECTION 9 – INTELLECTUAL PROPERTY

The website and its content, including Comma Football branding, original artwork, graphics, product designs, photographs, videos, text, website design and other materials created or owned by Comma Football, are owned by or licensed to Comma Football and are protected by applicable intellectual property laws.

Subject to these Terms, you may access and use the website and its content for your personal, non-commercial use.

Except where permitted by applicable law or with the prior written permission of the relevant rights holder, you must not reproduce, copy, modify, distribute, publish, sell, license, commercially exploit or create derivative works from content made available through our website.

Our products and website may feature names, images, logos, trademarks, designs or other intellectual property associated with football clubs, players, competitions, sponsors or other third parties. Such intellectual property remains the property of its respective rights holders. Nothing in these Terms grants you any ownership of, or licence to commercially use, third-party intellectual property.

The inclusion of third-party intellectual property on a product or our website does not transfer ownership of that intellectual property to Comma Football or to you.

Nothing in this section restricts any use of intellectual property that is permitted without authorisation under applicable law.

SECTION 10 – PROMOTIONS, DISCOUNT CODES AND FREE GIFTS

From time to time, Comma Football may offer promotions, discount codes, sale offers, free gifts or other promotional benefits. Promotions may be subject to additional terms, eligibility requirements, minimum spend requirements, product exclusions, geographical restrictions, availability limits and start or end dates disclosed in connection with the relevant promotion.

Where specific terms are provided for a promotion, those terms will apply to that promotion in addition to these Terms. If there is an inconsistency, the specific promotional terms will apply to the extent of the inconsistency.

Discount codes and promotional offers may not be combined unless expressly permitted. They have no cash value and cannot be exchanged for cash or applied retrospectively to an order that has already been placed unless we expressly agree otherwise.

Promotions and free gifts are subject to availability. Where a promotional gift becomes unavailable, we may substitute an item of reasonably equivalent value where appropriate or otherwise provide an appropriate resolution.

We may refuse, cancel or withdraw a promotional benefit where we reasonably believe that a promotion has been used fraudulently, unlawfully, contrary to its stated terms, or through manipulation or circumvention of purchase or eligibility requirements.

If products forming part of a promotional offer are returned, any refund, exchange or store credit will be calculated in accordance with our Refund Policy, the terms of the relevant promotion and applicable consumer law. Where a free gift was provided because an order met specified eligibility requirements, we may require the gift to be returned if the remaining order no longer meets those requirements, where this was disclosed as a condition of the promotion and is permitted by applicable law.

Nothing in this section limits your rights in relation to faulty, damaged, misdescribed or otherwise non-compliant goods under applicable consumer law.

SECTION 11 – OPTIONAL TOOLS

We may provide access to tools, features or services operated or provided by third parties. These third-party tools may be subject to separate terms, conditions and privacy policies imposed by the relevant provider.

We do not control third-party tools or services and, except where expressly stated otherwise, their availability through our website does not constitute an endorsement or guarantee by Comma Football.

Your use of any third-party tool or service is subject to the terms and conditions of the relevant third-party provider, and you are responsible for reviewing those terms where applicable.

To the maximum extent permitted by law, Comma Football is not responsible for the operation, availability, security or performance of third-party tools or services that are outside our reasonable control.

We may introduce, modify or remove tools, features or services available through the website from time to time. Any services or features provided directly by Comma Football will be subject to these Terms and any additional terms disclosed to you where applicable.

Nothing in this section excludes or limits any rights or remedies that cannot lawfully be excluded or limited.

SECTION 12 – THIRD-PARTY LINKS

Our website may contain links to websites, content or resources operated by third parties. These links are provided for convenience or informational purposes and, unless expressly stated otherwise, do not mean that Comma Football owns, controls, endorses or is affiliated with the third-party website or its operator.

When you leave our website and access a third-party website, your use of that website and any transaction you enter into with the third party will be governed by the third party’s own terms, policies and practices.

We are not responsible for the content, accuracy, availability, security, products, services or practices of third-party websites that are outside our reasonable control.

You should review the applicable terms, privacy policies, returns policies and other relevant information before purchasing products or services from, or providing personal information to, a third party.

Any questions, complaints or claims relating to products or services purchased directly from a third party should generally be directed to that third party.

Nothing in this section excludes or limits any liability or consumer right that cannot lawfully be excluded or limited.

SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You may have the opportunity to submit reviews, comments, photographs, videos, feedback, competition entries, suggestions or other content to us or through our website (“User Content”).

You retain ownership of any intellectual property rights you hold in your User Content. Where you voluntarily submit User Content for publication, post it publicly in connection with Comma Football, tag or mention Comma Football in content intended to be shared with us, or otherwise give us permission to use it, you grant Comma Football a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, publish, adapt and share that User Content for purposes reasonably connected with our business, including on our website, social media, email marketing and other promotional channels.

This licence does not apply to private customer-service communications, personal information, photographs provided solely as evidence for a return, refund or product claim, or other material that a reasonable person would understand was provided confidentially or for a limited purpose. Such information will be handled in accordance with our Privacy Policy and applicable law.

Where you provide feedback, ideas or suggestions about Comma Football, our products or our services, we may use that feedback to develop or improve our business, products and services without an obligation to compensate you, unless otherwise agreed in writing.

You must not submit User Content that is unlawful, fraudulent, misleading, defamatory, abusive, obscene, discriminatory, threatening, infringes another person’s intellectual property, privacy or other rights, contains malicious code, or otherwise violates these Terms or applicable law.

You represent that you own your User Content or otherwise have the rights and permissions necessary to submit it and grant us the rights described in this section.

We may moderate, refuse to publish or remove User Content where we reasonably believe it violates these Terms, applicable law, the rights of another person, or the reasonable standards of our website or community.

You are responsible for the User Content you submit and for ensuring that it is accurate and does not infringe the rights of others. Nothing in this section limits any liability that cannot lawfully be excluded.

SECTION 14 – PERSONAL INFORMATION

Our collection, use, storage and disclosure of personal information in connection with our website, products and services are governed by our Privacy Policy and applicable privacy and data-protection laws.

Please review our Privacy Policy for information about how we collect, use and protect your personal information and the choices and rights that may be available to you.

SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS

Despite our reasonable efforts to maintain accurate information, our website may occasionally contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, sizing, pricing, promotions, availability, shipping charges or estimated dispatch and delivery times.

We may correct errors, inaccuracies or omissions and update website information when they are identified.

If we identify a material or obvious error affecting an order after it has been submitted, including an obvious pricing, promotional, product-description or availability error, we may contact you to explain the error and, where appropriate and permitted by law, offer you the option to proceed with the corrected information or cancel the affected product or order.

Where we cancel an order or product because of an error, we will refund any amount you have paid for the cancelled product or order using the original payment method, unless another method is agreed with you.

We are not required to honour an obviously incorrect price or promotion where a reasonable customer would recognise that an error has occurred, subject always to applicable law.

Except where required by law or necessary in connection with an existing order, we are not obligated to continually update or correct general, historical or archived website content.

Nothing in this section limits any rights or remedies available to you under applicable consumer law.

SECTION 16 – PROHIBITED USES

In addition to the restrictions set out elsewhere in these Terms, you must not use the website, our services or any content made available through them:

(a) to infringe, misappropriate or otherwise violate the intellectual property, privacy or other rights of Comma Football or any third party;

(b) to submit, publish or transmit information that is fraudulent, deliberately false, misleading, defamatory, threatening, abusive, discriminatory, obscene or otherwise unlawful;

(c) to impersonate another person or entity, misrepresent your identity or affiliation, or use false or misleading information for fraudulent or deceptive purposes;

(d) to collect, harvest, track or obtain personal information about another person without lawful authority or consent;

(e) to send spam, phishing communications or other unsolicited or deceptive communications;

(f) to use bots, spiders, crawlers, scrapers, automated systems or similar technologies to access, extract, copy, monitor or reproduce website content or data, except where expressly authorised by us or permitted by applicable law;

(g) to probe, scan, test, bypass, disable, interfere with or circumvent the security, authentication, access controls or other protective measures of the website, our systems or related services;

(h) to interfere with or disrupt the operation, integrity or performance of the website or services, including by placing an unreasonable or disproportionately large load on our infrastructure; or

(i) to assist, encourage or enable another person to engage in any activity prohibited by these Terms.

We may take reasonable action in response to prohibited use, including restricting or terminating access to the website or our services, cancelling or refusing affected orders where appropriate and permitted by law, and taking steps necessary to protect Comma Football, our customers or third parties.

Nothing in this section restricts activity that cannot lawfully be prohibited, including any rights available under applicable law.

SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, condition, right or remedy imposed or conferred by applicable law that cannot lawfully be excluded, restricted or modified, including rights and remedies under the Australian Consumer Law.

While we take reasonable steps to maintain the availability, security and functionality of our website and services, we do not guarantee that the website or services will always be available, uninterrupted, secure or free from errors, defects or technical issues.

The website or particular features may occasionally be unavailable due to maintenance, updates, technical issues, third-party service interruptions or circumstances outside our reasonable control.

To the maximum extent permitted by law, Comma Football will not be liable for indirect, incidental, special or consequential loss arising from your use of, or inability to use, the website or services, including loss of profits, revenue, business opportunities or data, where such loss was not reasonably foreseeable or directly caused by our breach of these Terms or applicable law.

To the extent permitted by law, we are not responsible for loss or damage caused by circumstances outside our reasonable control, including failures or interruptions of third-party networks, platforms, payment systems or service providers, except to the extent that Comma Football remains responsible under applicable law.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability that cannot be excluded or limited under applicable consumer-protection law.

Your rights in relation to products purchased from Comma Football, including products that are faulty, damaged, unsafe, misdescribed or otherwise fail to meet applicable consumer guarantees, are not limited by this section.

SECTION 18 – INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify Comma Football and its directors, officers, employees and affiliates against reasonable losses, liabilities, damages and costs arising from a third-party claim to the extent that the claim results from:

(a) your material breach of these Terms;

(b) your unlawful or fraudulent use of the website or our services;

(c) User Content submitted by you that infringes the intellectual property, privacy or other rights of a third party; or

(d) your violation of applicable law or the rights of a third party.

Your obligation under this section applies only to the extent that the relevant loss or claim was caused by your conduct and does not apply to the extent that it was caused or contributed to by Comma Football.

Nothing in this section excludes, restricts or modifies any rights or protections available to you under applicable consumer law.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or, where necessary, severed from these Terms.

The remaining provisions will continue in full force and effect and will not be affected by the invalidity or unenforceability of the severed provision.

SECTION 20 – TERMINATION

These Terms apply for as long as you access or use our website or services.

You may stop using our website or services at any time. If you have a customer account, you may also request closure of your account, subject to any information we are required or permitted to retain under applicable law.

We may suspend, restrict or terminate your access to the website or our services where we reasonably believe that you have materially breached these Terms, engaged in fraudulent, unlawful or abusive activity, or where suspension or termination is reasonably necessary to protect Comma Football, our customers or third parties.

Where appropriate and reasonably practicable, we may provide notice before suspending or terminating access. We may take immediate action where necessary to address fraud, security risks, unlawful conduct or other serious misuse.

Termination or suspension of access does not affect any rights, obligations or liabilities that arose before termination, including obligations relating to an existing order, payment, refund or other consumer right.

Any provisions of these Terms that by their nature are intended to continue after termination will remain in effect, including provisions relating to intellectual property, User Content, liability, indemnification and governing law.

SECTION 21 – ENTIRE AGREEMENT

If either you or Comma Football does not exercise or enforce a right or remedy under these Terms on a particular occasion, this does not constitute a waiver of that right or remedy or prevent it from being exercised in the future.

These Terms, together with any policies or additional terms expressly incorporated by reference, constitute the agreement between you and Comma Football regarding your use of the website and, where applicable, your purchase of products or services from us.

They supersede any prior versions of these Terms and any prior communications or representations relating to the same subject matter, except where expressly agreed otherwise in writing or where applicable law provides otherwise.

Nothing in this section excludes or limits any rights arising from representations, guarantees or other matters that cannot lawfully be excluded or limited.

SECTION 22 – GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

Subject to any rights you may have under applicable law to bring proceedings in another jurisdiction, you and Comma Football submit to the jurisdiction of the courts of New South Wales, Australia and any courts entitled to hear appeals from those courts.

Nothing in this section limits any mandatory consumer-protection rights or remedies available to you under the laws of your country or place of residence where those laws apply.

SECTION 23 – CHANGES TO TERMS OF SERVICE

The current version of these Terms will be available on this page.

We may update or replace these Terms from time to time to reflect changes to our business, website, services, practices or applicable laws and regulations. Updated Terms will take effect when published on our website or on any later date stated in the updated Terms.

Where a change materially affects registered users or an ongoing service, we may provide additional notice where reasonably appropriate or required by law.

Changes to these Terms will not retrospectively alter the terms applicable to an order already placed and accepted by us, unless the change is required by law or expressly agreed with you.

Your continued use of the website or services after updated Terms take effect will constitute acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 24 – CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us using the details below:

COMMAFORTHEMOMENT PTY LTD, trading as Comma Football
Email: support@commafootball.com
Address: Suite 3177, Shop 1/1 Benaud Place, Telopea NSW 2117, Australia
ABN: 75 686 154 370

For questions relating to an order, return, refund or other customer-service matter, please contact support@commafootball.com.