Privacy Policy

PowerTrain Sports Terms & Privacy Policy
WARRANTY AND TERMS
In these conditions: "The Company" means Kmate Pty Ltd acting as Trustee for Kmate Unit Trust, trading as: PowerTrain ABN: 36 512 820 728
"The purchaser", "buyer", or "customer" means the person, firm or company ordering or buying goods from The Company.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Initiating a warranty claim:
Warranty is offered by The Company located of 76-80 Carroll Road, Oakleigh South Vic 3167 and can be contacted for the purpose lodging a warranty claim at support@powertrain.com.au, or telephoning 03 9790 0055 during business hours. The benefit of the warranty is in addition to the guarantees provided under the Australian Consumer Law.  Action to remedy the problem may include instruction on proper use. The Company may require pictures of the defect which must be supplied. When accepted, Consumer must return the goods within 14 days of the RA being issued (or a reasonable period of time agreed to by the company and The purchaser). Purchases completed in currencies other than AUD will be converted to AUD at the time of refund. The AUD price at the time of purchase is considered the original value of the goods regardless of the currency used as payment. Refunds may be issued in AUD or the original currency if required, and will be calculated at the currency conversion rate at the time of refund.
Payment of Goods:
The Company and the Purchaser expressly agree that until the Company has been paid in full for the goods comprised on this or any other sales contracted between them full legal title remains with The Company. Notwithstanding the preceding condition all risk in respect of the goods shall be assumed by the buyer upon delivery. The buyer shall examine the goods immediately the goods are delivered. Whilst The Company will use its best endeavours to deliver the goods in accordance with the buyers requirements, the company will not be liable for any consequence of late delivery however caused, either with the original purchase and delivery of the item, or any subsequent delays in having the item repaired and returned, or issuing any refund.

Change of mind and purchases made in error:
• When accepted, refunds are subject to a 30% restocking fee of the original purchase price
• Refunds under this provision are provided only as a store credit
• Original freight costs are not refundable under this provision
• Return freight costs are to be paid by the purchaser
• The item must be returned in new, unopened, and unused condition
• Once the product is assembled or used a return will not be possible under this provision
• The company provides a 7 day return window from date of delivery under this provision
• Refunds are subject to the goods arriving back and being inspected by The Company
• For public safety reasons no products intended for human consumption are included under this clause
• Unless otherwise stated in the advertisement this clause does not apply to items sold as ex- demo, or used Minor and major faults

Short or long-term failure:
The Company guarantees to the purchaser that the goods will be free from defects caused by faulty materials or poor workmanship for a reasonable period of time based on the product's value and intended purpose (i.e, generally no longer than 12 months from the date of purchase for domestic use, unless it is reasonably expected to be a longer period of time) and for a period no longer than 90 calendar days from the date of purchase for commercial use unless otherwise stated in the listing or advertisement at the time of purchase. This warranty does not cover minor accessories or attachments or consumable parts, including but not limited to, chainsaw chains, pull starts, cutting blades or discs, instrument strings, product bags and cases, and carry straps etc. Examination by The Company of such goods (or photos of the faulty goods if requested) shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling, other incorrect or lack of proper maintenance, opening cartons with blades, or by repair or alteration not affected by the company.

Defects and failures not covered by warranty include, but are not limited to:
• Damage due to user misuse or use in a manner contrary to the operating instructions
• Damage resulting from the item being used in a manner other than originally intended as advertised
• Improper or neglected maintenance including oiling and cleaning where required
• Improper storage or neglect to properly prepare the item for storage
• Exposing products to the elements where the product advertisement does not specifically state that the product is weatherised or can be left outdoors.
• The user’s inability to properly use the item
• Failure due to improper user installation or assembly
• Damage cause when assembling, tuning, or adjusting the product
• Dismantling or modifications carried out to the product without obtaining prior written approval from us.
• Cuts and scratches etc such as those caused by opening packaging with blades or knives
• Items sold as ex-demo, or used unless otherwise stated in the advertisement at time of sale Items, parts, and accessories not covered by warranty include, but are not limited to:
• Carry and storage bags and straps supplied as an accessory to the main product
• Belts and ropes supplied as part of the exercise equipment;
• Free gift or bonus items supplied with the main product Conditions for warranty under short-term or long-term failure:
• Warranty claims must be made within a reasonable period of time of the defect being discovered
• The product must not be used after any problem or defect is detected, failing which, all guarantees and warranties applicable to that product or part will be rendered void.
• Warranty claims are limited to the original warranty period from the date of purchase
• All warranties only apply to the original purchaser, and are not transferable
• The Company may require pictures of, or return of the faulty/damaged item(s) or parts
• Re-delivery of the repaired item or replacement parts will be at the cost of The Company where the warranty claim is found to be a legitimate claim under the terms of this warranty
• The Australian Consumer Law provides certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. These consumer guarantees are different to, and separate from, this warranty, which is given voluntarily by the Warrantor. The time limit of consumer guarantees varies depending on the price and quality of the goods and may extend beyond this warranty or any applicable warranty provided by the manufacturer of the goods.
• On occasion The Company may supply a full or partial refund as compensation for item damage, failure, or restricted function, subject to this being permitted under Australian Consumer Law, and agreed to between The Company and the Purchaser.
• Unless otherwise stated in the advertisement this warranty does not apply to items sold as ex- demo, or used. DOA: Faulty or damaged on arrival warranty claims: This provision is an extension of the regular warranty condition for ‘Product Failure’ as described above and covers items damaged in transit, missing parts, partial delivery, or items having existing defects on delivery.
• The buyer must inform The Company by email or in writing within the reasonable period after delivery of the item being received in a damaged on arrival state.
• Cuts and scratches to the product caused by opening cartons with blades etc are not covered under warranty
• Unless otherwise stated in the advertisement this clause does not apply to items sold as ex- demo, or used Returning items where requested by The Company:
• When required by The Company, goods may need to be returned to The Company to effect the warranty.
• No refunds or replacements will be issued prior to the returned goods or parts being received by The Company
• Goods must be returned using the freight method agreed to by The Company and the Customer which will be determined according to the product and product location
• Items must be disassembled and packed to their original delivery state and returned in the same size packaging to qualify for return freight cost refunds
• Return freight costs will not apply to goods found to be in working order or where the fault is other than originally described by the customer in the course of making the original warranty claim
• Items must be authorised for return by The Company prior to the goods being returned. The Company will issue the customer a ‘Return Authority’ number (RA) which must be included with the returned item
• All returned goods must arrive back with The Company no later than 14 days from the date the RA was issued
• In cases where the goods or parts must be returned to The Company for assessment and these goods or parts can be easily returned, Purchaser is to arrange return of goods using The Company’s approved freight delivery method at the purchaser’s expense and The company will reimburse the Purchaser reasonable return postage costs if the Company confirms that the product or part returned is faulty.
• If no fault is found, or products or parts exhibit signs of physical damage, or neglect, the Purchaser will be responsible for reimbursing The Company the shipping costs to and from the Purchaser, and inspections costs equating to $60.00 per hour, on a pro rata basis, relating to the time spent inspecting and checking the product or part returned.
• If a product is too large or too heavy and the Purchaser did not pick up the product from the Company’s premises, The Company will arrange for it to be returned to the Company at its expense, for inspection, within a reasonable period of time after being informed that a fault exists. Should no fault be found with the returned item or part, the Purchaser will be required to reimburse the company all shipping costs to and from the Purchaser, and inspections costs equating to $60.00 per hour, on a pro rata basis, relating to the time spent inspecting and checking the product or part returned.
• The Company may require up to 14 days after receiving the returned item to asses and/or repair the problem prior to initiating any return or refund Force Majeure The company reserves the right to cancel, vary or suspend the operation or contract of sales if events occur which are in the nature of force majeure including (and without prejudice to the generality of the foregoing) fire, floods, storm, technical failure, plant breakdown, strikes, lock-outs, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the company and the the company shall not be held liable for any breach of contract resulting from such event. Australian Consumer Rights Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au. Additional item-specific warranty disclaimers: The Company will not cover specific warranty claims on products including, but not limited FACTORY REFURBISHED Where our listing notes that a product offered for sale is a Factory Refurbished item, it means that this product has been professionally restored to working order by a third party vendor. This product has been inspected, cleaned, and repaired to meet product classifications. This item may or may not be in its original packaging and may or may not exhibit signs of prior use, and cosmetic blemishes. It will be supplied with accessories and software specifically mentioned in our listing and not any other external guide or website. Advertising and website errors: The company takes all care to ensure products, features, and prices of current stock displayed are correct at all times. The company reserves the right to cancel and refund any purchase in full prior to dispatch for any reason including, but not limited to, errors in product description, advertised product price, or quoted shipping costs. In such cases the transaction may be cancelled and the full price paid will be refunded. Any such errors are unintentional. All photographs of products are used for illustration purposes only. The colour and shade of product may vary due to manufacturing runs and users' screen resolutions and does not give rise to claims for refunds of replacements.  All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. We make every effort to ensure the accuracy of the information published in our catalogs, flyers, advertisements and on our Web site(s). However, the documents and graphics published may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented. All such documents and graphics are provided "as is" without warranty of any kind. 24 HOURS DISPATCH Please note that 24 hr dispatch will be carried out during business hours from Monday to Friday.

HEADPHONES OFFER:
• By using or attempting to use the redemption code for this offer, you agree to accept and be bound by these terms and conditions.
• This offer commences at 12.01am (AEST) on 20 November 2019 and ends at 12.01am (AEST) on 22 November 2019 (“Offer Period”).
• This offer entitles you to receive a bonus Fanny Wang 1000 series or 2000 series headphones randomly selected by us (both model and colour), when purchasing a Powertrain product with a minimum price of $100.00 (excluding shipping), from the range offered for sale on www.klika.com.au and www.powertrain.com.au in one transaction during the Offer Period.
• This offer may be applied to a maximum of one transaction per person during the Offer Period.
• Promotion will not apply to products purchased outside the Offer Period.
• Multiple items may be purchased in one transaction
• To redeem this offer during the Offer Period, enter the redemption code POWER49 into the voucher code box during the checkout process. You must be a Klika Group ("Klika") registered member.
• Not to be used in conjunction with any other coupon or voucher.
• In the event you return or seek a refund on any item purchased using this discount, the value of the discount will not be refunded to you.
• Without limiting other remedies and in addition to Klika's rights under its general terms and conditions, Klika reserves the right to disallow or reverse a discount, limit, suspend or terminate a user account, prohibit access to this offer or any future offers, delay or remove hosted content or take other technical and legal steps against you if Klika believes:
• You have provided false information, conspired with others to gain an unfair advantage or have otherwise been involved in any way in manipulating, interfering or tampering with the conduct of this offer;
• A sale or purchase of any item as part of this offer has not been made in good faith, including where Klika considers that the buyer and seller may be related parties (such as family members or parties sharing the same dwelling); or
• You have engaged in any conduct which Klika considers unfair, fraudulent or untoward.
• This offer cannot be withdrawn into your bank account and cannot be transferred.
• To the extent permitted by law, Klika will not be responsible for any loss incurred by you in redeeming or attempting to redeem the offer or for any costs, damages, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of the offer.
• Klika reserves the right to vary the terms and conditions of the offer at its absolute discretion by publishing revised terms on Klika.com.au and/or Powertrain.com.au without any further notification and can cancel this promotion at any time during the Offer Period.
• The parties submit to the non-exclusive jurisdiction of the courts of the state of Victoria.

FREE PICKUP:
Free Pick up means no shipping fees will be incurred by customers collecting their items from PowerTrain premises at 76-80 Carroll Road, Oakleigh South VIC 3167.

30 Day Money Back Return Policy:
To qualify to return an item under this Policy, Products must be in original unopened and unmarked packaging, along with all included accessories and manuals, be in new pristine condition suitable for resale, and must not be damaged or used in any way by the customer during the time the item is in the customer's possession. Unless otherwise stated in a product listing, only the PowerTrain Exclusive Brand purchased at Powertrain.com.au (and not any other reseller or platform) are able to be returned for change of mind purposes under this policy. Where a product listing specifically states that the product is not able to be returned under this policy, then no returns for change of mind will be permitted. All returns are subject to the Powertrain Terms and Conditions.  At PowerTrain Sports we stand behind Our products! That is why we offer a 30 Day Money Back Guarantee on all our Brand. You can contact us within 30 days of the date noted on your invoice and organise to return the Product and receive either a store credit or refund of the purchase price of Your Product (excluding initial delivery charges). Whilst change of mind returns are available for the PowerTrain brand of, for all other product brands, change of mind returns are not permitted.  In order to organise a return under the 30 Day Money Back Return Policy You must notify Powertrain.com.au via email or phone within 30 days of the date noted on the invoice of Your Product and request a return under this Policy.
You must comply with the directions of PowerTrain's staff in order for the return to be effected.
• Where the Product qualifies for a return under our 30 Day Money Back Guarantee, the store credit or refund provided will be equal to the price of the Product being returned, less the initial delivery charges as per Your Order Confirmation.
• The 30 day period within which You are eligible to make a return under this Policy commences on the date noted on the tax invoice for Your Product.
• The Product must be returned to PowerTrain within 7 business days of Your request to return Your Product under this Policy being approved by PowerTrain.
• You must return the Products for which You are seeking a store credit or refund at Your own cost and You must comply with the directions for returning the Product that PowerTrain staff provide to You. You will remain responsible for the goods until such time as they are received at the address supplied by PowerTrain’s staff. PowerTrain will accept no liability for any loss or damage which may occur during transit.
• After receiving the returned Product, PowerTrain will as soon as practicable assess the returned product and issue a store credit or refund as soon and You will be provided with an e-mail acknowledgement of same.
• Should Your Product be returned in a condition which PowerTrain’s staff deem to be in breach of the 30 Day Money Back Guarantee Policy, You will be required to pay the shipping costs for its return to you or arrange collection within 7 days of being notified of PowerTrain’s staff’s determination.
• The Company reserves the right to make changes to this Returns Policy without notice or delete it its entirety at its sole discretion. Our Returns Policy includes, and does not seek to exclude or limit, the rights you have under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The warranties and product support that we offer and provide pursuant to our Terms and Conditions are in addition to the consumer warranties and guarantees under the Australian Consumer Law.  Lowest Price Guarantee Should PowerTrain offer for sale a specific product pursuant to a promotional slogan of Lowest Price Guarantee, we promise to beat a competitor’s price by $0.01 during the specified promotion period:
• Product must be identical and brand new in the box.
• Product must be in stock with an authorised vendor (no auctions, group buying sites, daily deals sites, eBay, grey imports or wholesale distributors)
• Competitor’s price must be publicly advertised during the Lowest Price Guarantee promotion period.
• Price must include all costs including any shipping charges. If the advertised price is for pick- up only we reserve the right to charge a delivery service fee.
• Maximum one unit of the product will be supplied per unique purchaser and unique postal address.
• Competitor’s price must be publicly advertised during the Lowest Price Guarantee promotion period. Your privacy is important to us. This privacy policy sets out how The Company uses and protects any information that you give use when you use this website. PowerTrain is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. PowerTrain may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. During purchase, we may collect the following information:
• Name
• Contact information including email address and contact phone number
• Demographic information such as your delivery address

What we do with the information we gather for a purchase Personal information is stored for record-keeping, tax obligations, and warranty purposes only. Your email address may be used in transactional emails to provide you with information regarding the status of your order and for after sales support. We may contact you by eMail regarding future offers we think may be of interest. We do not sell or share any of your personal information with any 3rd parties except where such information is required to finalise your order such as passing relevant information to courier, postal services responsible for delivering your order, hipages.com.au and its registered installers where the installation service has been requested by you.

HIPAGES:
When you agree to the use of hipages.com.au service for the provision of quotes, you hereby acknowledge that your personal information will be passed to its server and its registered trades. We do not endorse the services provided by the trades you select and not warrant the performance of that service. Consequently we are not responsible for damage to the product purchased if it has been incorrectly installed and explicitly waive all responsibility for losses ensuing from the installation services carried out by the trades you choose to engage.

Security:
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. As our store uses direct embedded payment systems provided by financial institutions our online servers do not store or have access to any credit card information provided during purchases except such details that are passed back to us from the card payment services such as the name of the cardholder and the last 4 digits of the card used. How we use cookies A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preference. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Subscription Emails and Triggered Subscription Emails:
By adding your email address to the subscription email field in our Subscription Email and/or Triggered Email marketing tools, you acknowledge and agree to have your email address added to our email database for marketing purposes. You can opt-out from our email database at any time by using the unsubscribe links in the marketing emails you receive, or by contacting us via email or phone.

Links to other websites:
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. Controlling your personal information You may choose to restrict the collection or use of your personal information in the following ways:
• If you would like to opt-out of our direct marketing emails you may do so at any time by writing to or emailing us at support@Powertrain.com.au or following the link provided in the email.
• If you would prefer not to receive transactional email notifications related to the status and delivery of your order please email us at support@powertrain.com.au We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law.  If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.