Terms of service

Supercoach Champion ("we", "us", "our", or "Supercoach Champion"), a jewelry business specializing in the design, manufacturing, and retail sale of custom championship rings and related products. By accessing or using our website at www.supercoachchampion.com (the "Website"), purchasing products, or engaging with our services (collectively, the "Service"), you ("you", "your", the "User") agree to be bound by these Terms and Conditions ("Terms"). These Terms form a legally binding agreement between you and us, including our directors, officers, employees, affiliates, agents, contractors, licensors, and successors in both their personal and corporate capacities.

Our products and services are supplied with guarantees that cannot be excluded under the Australian Consumer Law (ACL) as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). For major failures with goods or services, you are entitled to a refund, replacement, or compensation for reduced value. For non-major failures, you are entitled to have the failure rectified in a reasonable time, and if not, to a refund or compensation. Nothing in these Terms excludes, restricts, or modifies any non-excludable consumer guarantees under the ACL or other applicable Australian laws.

These Terms have been drafted to comply with Australian legislation, including the ACL (prohibiting unfair contract terms under sections 23-28), the Privacy Act 1988 (Cth), the Personal Property Securities Act 2009 (Cth) (PPSA), A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act), the Defamation Act 2005 (Vic), the Australian Consumer Law and Fair Trading Act 2012 (Vic), and relevant dispute resolution requirements for Victorian businesses. In the event of any inconsistency with other policies or agreements, these Terms prevail to the extent permitted by law, with priority given to protecting our legitimate business interests (e.g., managing risks in custom manufacturing and retail) while ensuring legal compliance.

These Terms constitute a legally binding agreement. By accessing the Website, ticking any acceptance checkboxes, placing an order, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. You represent that you have the legal capacity to enter into this binding contract and, if acting on behalf of an entity, that you have authority to bind it. We are not associated, affiliated, partnered, or working in any capacity with any other business, company, or organization unless explicitly specified. We hold licensing agreements where required for relevant products.

If you do not agree to these Terms, do not access the Website or use the Service. We reserve the right to update, change, or replace any part of these Terms by posting updates on the Website. It is your responsibility to check periodically for changes. Your continued use constitutes acceptance of those changes.

RECITALS

A. We specialize in the retail sale, custom design, and manufacturing of championship rings and related jewelry products pursuant to our standards, processes, and intellectual property.

B. You desire to access the Website, purchase goods (whether stock or custom-made), or use our Service, subject to these Terms.

C. In consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, we and you agree as follows.

AGREEMENT

SECTION 1 - ACCEPTANCE OF TERMS

1.1 By using the Service, you affirm that you have read, understood, and accepted these Terms. Acceptance constitutes a binding agreement, and a digital record (e.g., timestamp, IP address, name, address) will be maintained as conclusive evidence.

1.2 These Terms apply to all interactions, including browsing, purchasing, or communicating with us.

1.3 If any provision is deemed unfair under the ACL, it will be read down or severed to the minimum extent necessary to ensure fairness while protecting our legitimate interests, such as managing risks in custom jewelry manufacturing and retail sales.

1.4 Continued use of the Service implies acceptance, provided you have reasonable notice of the Terms.

SECTION 2 - USER REPRESENTATIONS AND OBLIGATIONS

2.1 You represent that you are at least 18 years old or have legal capacity under Australian law to contract.

2.2 You agree to use the Service only for lawful purposes and in compliance with all applicable laws, including export and import regulations.

2.3 You must not transmit viruses, malware, or any destructive code. Any breach is material and entitles us to immediate termination and pursuit of legal remedies, including damages.

2.4 You represent that all information provided (e.g., design briefs, payment details) is accurate and not misleading. Inaccuracies may result in order cancellation and liability for our losses.

SECTION 3 - GENERAL CONDITIONS

3.1 We reserve the right to refuse service, terminate accounts, remove content, or cancel orders for any reason, including suspected breach or fraud, without liability.

3.2 Your content (excluding payment information) may be transferred unencrypted over networks to conform to technical requirements. Payment details are always encrypted.

3.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, products, or designs without our express written permission. Violations constitute intellectual property infringement, entitling us to seek damages, injunctions, and account termination.

3.4 Our store is hosted on Shopify Inc., which provides the e-commerce platform. We disclaim liability for any platform-related issues.

SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

4.1 Information on the Website is provided in good faith for general purposes and may not be accurate, complete, or current. We disclaim liability for reliance on such information, except to the extent required by ACL.

4.2 Historical information is for reference only, and we have no obligation to update it.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

5.1 Prices for our products are subject to change without notice.

5.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice and without liability to you or any third party.

SECTION 6 - PRODUCTS OR SERVICES

6.1 Products are subject to availability. Due to the custom nature of our jewelry, items may differ slightly from images or descriptions (e.g., variations in stones, platings, enamels, or handcrafted details). Such variations are not defects.

6.2 We reserve the right, but are not obligated, to limit sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis and limit quantities.

6.3 All championship rings and jewelry are handcrafted to order for custom designs or made to stock for standard items. By placing an order, you agree to the following:

a. Order Process: Orders are accepted upon our confirmation. We may require a design brief, mock-ups, or approvals for custom items.

b. Custom Designs: For custom orders, you provide specifications, and we create designs for your approval. Once approved in writing, changes may incur additional fees or delays at our discretion.

c. Production Time: Production begins after design approval and full payment (or deposit for credit sales). Standard production time is 45 business days (Monday to Friday, excluding public holidays) from design completion. Delays may occur due to material availability, demand, complexity, or unforeseen circumstances. We will notify you of significant delays, but we are not liable for them except as required by ACL for unreasonable delays constituting a failure.

d. Payments and Deposits: Full payment is required upfront for most orders. For custom orders, a non-refundable deposit (up to 50% of the order value) may be required, representing a genuine pre-estimate of our costs for materials, design, and initial manufacturing. The deposit is non-refundable except in cases of major failure under ACL.

e. Cancellations and Refunds for Custom Orders: Custom orders are non-cancellable and non-refundable once production begins (e.g., after material procurement, design finalization, or manufacturing starts). This is because custom goods are made to your specifications and have no resale value. Exceptions apply only for ACL-guaranteed remedies (e.g., defective products). For stock items, refunds for change of mind are not available, but ACL rights for faults apply.

f. Refunds for Stock Items: Refunds for stock items are available only for faulty goods per ACL. Change of mind refunds are not offered, but you may exchange for equivalent value items within 7 days, subject to stock availability and return in original condition at your cost.

g. Proof of Delivery (POD) and Liability for Lost/Stolen Items: Upon dispatch, we provide tracking. With POD (e.g., signature or carrier confirmation), our liability for loss, theft, or damage ends. We are not liable to replace or refund items lost or stolen after POD, as risk transfers to you. Insure shipments at your cost if desired. For non-delivery despite POD, disputes must be with the carrier.

h. Delivery: Shipping is additional and at your cost. We use reputable carriers but disclaim liability for carrier delays, errors, or failures. International deliveries may incur duties/taxes, your responsibility.

i. Quality and Variations: As handcrafted items, minor variations are inherent and not defects. We warrant products are of acceptable quality per ACL.

6.4 We do not warrant that products will meet your subjective expectations or be fit for any particular purpose beyond what is expressly agreed or required by ACL.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

7.1 You must provide current, complete, and accurate purchase and account information. We reserve the right to refuse or cancel any order if we suspect fraud, inaccuracy, or breach.

7.2 Prices are exclusive of GST unless stated. You must pay GST in addition upon receipt of a valid tax invoice, per the GST Act.

7.3 Payment terms: Full payment upfront for custom orders. For approved credit sales, payment within 7 days. Overdue amounts accrue interest at 10% p.a. (or maximum legal rate), calculated daily.

7.4 Misdeclarations or inaccuracies in orders (e.g., design briefs) may result in additional costs passed to you, and non-payment is a material breach.

SECTION 8 - OPTIONAL TOOLS

8.1 We may provide access to third-party tools "as is" and "as available" without warranties or liability.

SECTION 9 - THIRD-PARTY LINKS

9.1 Certain content or services may include third-party materials. We are not responsible for third-party websites or content. Use at your own risk.

SECTION 10 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

10.1 If you submit comments, feedback, or other materials, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and distribute them for any purpose.

10.2 We may, but have no obligation to, monitor, edit, or remove content that we determine is unlawful, offensive, or violates these Terms.

10.3 Your submissions must not infringe third-party rights or be defamatory, obscene, or unlawful. You are solely responsible for your submissions.

SECTION 11 - PERSONAL INFORMATION

11.1 Your personal information is handled in accordance with our Privacy Policy (available on the Website). We comply with the Privacy Act 1988 (Cth). You consent to the collection, use, disclosure, and international transfer of your data for Service purposes, with reasonable safeguards.

11.2 We take reasonable steps to secure data but disclaim liability for breaches beyond our control, subject to ACL.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

12.1 Occasionally, the Website may contain errors (e.g., pricing, descriptions). We reserve the right to correct them without notice, including after order placement, and to cancel affected orders if necessary.

SECTION 13 - PROHIBITED USES

13.1 In addition to other prohibitions, you are prohibited from using the Service for any unlawful purpose, to solicit illegal activities, to infringe IP rights, to harass or defame, to transmit malware, or to interfere with security features.

13.2 Violations are a material breach, entitling us to terminate access, seek damages, and report to authorities.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

14.1 The Service and products are provided "as is" and "as available" without warranties of any kind, except non-excludable ACL guarantees (e.g., acceptable quality, fit for purpose).

14.2 To the maximum extent permitted by law, we disclaim all liability for indirect, consequential, special, or punitive damages, including lost profits, data, or goodwill, arising from the Service or products.

14.3 Our total aggregate liability for any claim is limited to the amount you paid for the specific product or service giving rise to the claim, or AUD $100 if no payment was made. This limitation is reasonable and proportionate, reflecting the custom nature of our business and risks involved, and is not unfair under ACL.

14.4 We are not liable for losses caused by third parties (e.g., carriers), force majeure events, or your breaches.

14.5 These limitations apply to us and our affiliates and survive termination.

SECTION 15 - INDEMNIFICATION

15.1 You agree to indemnify, defend, and hold harmless us and our affiliates against all losses, claims, damages, liabilities, costs, and expenses (including legal fees on an indemnity basis) arising from or related to your breach of these Terms, misuse of the Service, violation of laws, or third-party claims (e.g., IP infringement from your design briefs).

15.2 This indemnity is proportionate to your fault and does not apply to our negligence. It survives termination and is not unfair under ACL.

SECTION 16 - NON-DISPARAGEMENT AND DEFAMATION

16.1 You agree not to make any false, misleading, or defamatory statements about us, our products, or services in any medium (e.g., social media, reviews). This does not restrict your rights to make truthful statements, exercise ACL-protected remedies, or report to authorities.

16.2 Breaches are a material breach, entitling us to seek damages (including reputational harm), injunctions, and legal costs. An admission of breach may be inferred from resolved disputes in our favor, but this does not force legal guilt.

16.3 We agree reciprocally not to disparage you. Disputes under this section are resolved per Section 22. This clause complies with the Defamation Act 2005 (Vic) and is reasonable for protecting legitimate business interests.

SECTION 17 - FORCE MAJEURE

17.1 We are not liable for any delay or failure to perform obligations due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, wars, terrorism, strikes, labor disputes, supply chain disruptions, governmental actions, or cyber-attacks ("Force Majeure Event").

17.2 Upon occurrence, we will notify you promptly and take reasonable steps to mitigate effects. Affected obligations are suspended until the event resolves. If the event lasts more than 60 days, either party may terminate without liability.

17.3 This clause does not excuse payment obligations or apply to events we could have reasonably foreseen or prevented.

SECTION 18 - INTELLECTUAL PROPERTY

18.1 All content and materials on the Website or in our products are our property. You may not reproduce, modify, distribute, or use them without our written permission.

18.2 For custom designs: You grant us a non-exclusive, royalty-free license to use any materials, ideas, or specifications you provide for the purpose of designing and manufacturing your order. We own all intellectual property rights in the final design and product, including any modifications we make. You receive a limited, non-transferable license to use the product for personal purposes only.

18.3 You warrant that any materials you provide do not infringe third-party rights. You indemnify us against any claims arising from your materials.

18.4 Infringement is a material breach, entitling us to seek damages, injunctions, and account termination.

SECTION 19 - FRAUDULENT CLAIMS AND CHARGEBACKS

19.1 If you initiate a fraudulent chargeback or refund claim (e.g., despite proof of delivery or acceptance), you agree to reimburse us for all actual losses, including the disputed amount, administrative costs, and legal fees on an indemnity basis.

19.2 We may treat a resolved chargeback in our favor as evidence of breach, but this does not constitute a legal admission of guilt by you.

19.3 We reserve the right to pursue civil remedies for fraudulent claims, including recovery of actual damages. No fixed penalties are imposed to avoid unfair terms under ACL.

19.4 We may report fraudulent activity to authorities and terminate your access.

SECTION 20 - SECURITY INTEREST (PPSA)

20.1 For orders on credit, we retain a security interest in the products under the PPSA until full payment. You grant us this interest, and we may register it on the Personal Property Securities Register (PPSR).

20.2 You waive your right to receive verification statements under section 157 of the PPSA.

20.3 Upon default (e.g., non-payment), we may enforce our security interest, repossess, sell, or dispose of the products to recover amounts owing, including costs. Sales will be conducted reasonably, with any surplus returned to you after deductions.

20.4 You agree to assist with perfection and enforcement of our interest. This clause applies only to credit sales and complies with uncollected goods laws in Victoria.

SECTION 21 - SEVERABILITY

21.1 If any provision is held invalid, unlawful, or unenforceable, it shall be severed, and the remainder shall continue in full force.

SECTION 22 - TERMINATION

22.1 We may terminate this agreement or your access for any breach without notice. You remain liable for outstanding amounts.

22.2 Surviving provisions include indemnity, liability limitations, non-disparagement, and governing law.

SECTION 23 - ENTIRE AGREEMENT

23.1 These Terms, along with any order confirmations or invoices, constitute the entire agreement, superseding all prior understandings.

SECTION 24 - GOVERNING LAW AND DISPUTE RESOLUTION

24.1 These Terms are governed by the laws of Victoria and the Commonwealth of Australia.

24.2 Any dispute arising from these Terms or the Service must be resolved as follows:

a. Notification: Notify the other party in writing of the dispute within 30 days of it arising.

b. Negotiation: Parties must negotiate in good faith for 14 days.

c. Mediation: If unresolved, refer to mediation in Victoria under the rules of the Law Institute of Victoria. Costs shared equally. Mediation is not mandatory if it would restrict ACL rights.

d. Litigation: If mediation fails, proceedings may be brought in the courts of Victoria. No class actions or representative proceedings are permitted to the extent allowed by law.

24.3 This process does not prevent seeking urgent injunctive relief and aligns with ACL requirements for fair dispute resolution.

SECTION 25 - MISCELLANEOUS

25.1 Waiver: Must be in writing and signed.

25.2 Assignment: We may assign these Terms without notice. You require our consent.

25.3 Notices: Delivered via email or post; deemed received per the Electronic Transactions Act 1999 (Cth).

25.4 Electronic Consent: You consent to electronic communications and signatures.

25.5 Costs and Taxes: Each party bears its own costs. You pay any stamp duty or transaction taxes.

25.6 Unfair Terms: If any term is deemed unfair under ACL, it will be read down or severed to the extent necessary to remove the unfairness, while preserving the intent to protect our business interests.

25.7 Independent Contractor: No agency, partnership, or joint venture is created.

25.8 Cumulative Remedies: Our rights and remedies are cumulative and not exclusive.

25.9 No Third-Party Beneficiaries: These Terms are for the benefit of the parties only.

SECTION 26 - CONTACT INFORMATION

For questions, disputes, or notices: info@supercoachchampion.com