TERMS & CONDITIONS

(a) Welcome to The Running Company PTY LTD (“The Running Company”). This website includes information, products and services which are all provided subject to the following terms and conditions described below. By accessing The Running Company online and placing an order for products or services, you are acknowledging that you have read, understood and accepted, (without limitation or qualification) and are bound by these terms and conditions (“Terms and Conditions”) together with the The Running Company Privacy Policy, a copy of which is available here: ( ) In the event that a violation of these rules & regulations occurs, The Running Company reserves the right to seek all remedies available to it by law & in equity.

(b) The Running Company is an Australian based running specialty retailer. Unless otherwise expressly stated, all prices for products and services displayed within the site are in Australian Dollars (AUD). The Running Company ships Australia wide using Australia Post. All of our products and services are subject to availability. In the unfortunate event that an item is not available, The Running Company will contact you immediately and give you the option of selecting an alternate size, item or a return. products are subject to availability. The Running Company understands that your privacy is important and we ensure that all information provided by you is collected and held in accordance with relevant Australian privacy laws including the Australian Privacy Principles.

(c) By placing an order you are offering to purchase a product or service on and subject to the Terms and Conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which The Running Company will not be responsible.

PAYMENT

(a) The Running Company accepts all major credit cards (with the exception of AMEX) and PayPal.

(b) In order to contract with The Running Company you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The products on the website are only available for hire or sale to individuals who can make legally binding contracts. The Running Company reserves the right to refuse to accept any order made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be “THE RUNNING COMPANY PTY LTD”. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods or services ordered. Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and subject to availability. The customer will always be contacted in this instance.

(c) When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(d) While The Running Company always tries to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

(e) Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’ section of the website ordering process.

PRE-ORDERS OF PRODUCTS AND/OR SERVICES

(a) At the time you place your pre-order, you will be required to pay the total amount due, including any shipping fees. Please be aware that because of the ‘PRE-ORDER’ nature of such transactions, you should expect a delay, (up to three months) between the date you place your order and the date the product is ready for shipment. The Running Company cannot guarantee an exact date of arrival, we can only give you an estimated time of arrival for your order. Once the item arrives at The Running Company, it will be dispatched and you will be notified of this by email. If you have pre-ordered an item and wish to cancel your pre-order before the item arrives at The Running Company or, following dispatch, you have received your pre-order and would like to return it, we will issue you with a credit note or exchange for another item only.

PEACE OF MIND SHOPPING

(a) The Running Company use the latest secure banking technology, with Shopify & Paypal. Your information is safe and secure every time you shop online with us. We provide a range of payment methods including VISA, Mastercard, AMEX and Paypal.

SAY HELLO

(a) We’d love to hear from you! We want to answer your queries, give you style advice and hear exactly what you thought of your experience with us!  Email us at hellorunner@therunningcompany.com.au.

COPYRIGHT

(a) The content, organisation, graphics, design, and all other matters related to the The Running Company website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the website, except as allowed, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the website. The posting of information or materials on the website does not constitute a waiver of any right in such information and materials. Some of the content on the website is the copyrighted work of third parties.

(b) This website is for your personal, non-commercial use only. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, exploit commercially, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or business.

PRIVACY POLICY AND USE OF PERSONAL INFORMATION

(a) We will collect personal details from you such as your name, email address and general contact details to enable us to provide you with our services. You are not obliged to provide this information. However, without it we will not be able to process your order.

(b) With your express approval only, personal information may be used for the following purposes:
(i) to send news, information about our activities and promotional material which we believe may be useful to you;
(ii) to notify you when new products arrive in store;
(iii) to deliver any products to you which you purchase from The Running Company;
(iv) to monitor who is accessing the website or using services offered on the website;
(v) to profile the type of people accessing the website.
Even once you have confirmed your consent to the use of your personal information, if you do not wish to have your personal information used in this manner or for any other specific purposes, you can contact us accordingly.

(c) All private information supplied by customers to The Running Company including names, addresses, credit card details, and email addresses will not be shared or sold to third party companies. The Running Company will only use your supplied email address to contact you about special offers if you have previously selected this option when completing an online order form.

(d) The Running Company does not engage in the practice of “spamming”. Promotional material will only be sent to you with your express consent.

LINKS TO THIRD PARTY WEBSITES

(a) The Running Company is not responsible for the conduct of any third parties linked to or from our websites. The fact that there are third party website links accessible from this site is not, and shall not be construed to be, an endorsement of those websites’ contents, products, services or information.

(b) The Running Company is not responsible for any loss or damage of any sort incurred from directly or indirectly accessing third party websites from links on The Running Company website or E-commerce store.

(c) Please contact hellorunner@therunningcompany.com.au if you have any questions or concerns in relations to your personal information.

DELIVERY

(a) As in respect of purchased items, The Running Company delivers within Australia only Monday-Friday. All orders are shipped using Australia Post. Customers will have their orders shipped via Express Post, where customers can track their orders online.

(b) Customers will be required to sign for delivery for Express Post items. The Running Company recommends providing a daytime address where someone will be available to sign between 9am-5pm.

(c) It is the customer’s responsibility to be available for the delivery of the item on the specified date. If customer is not available when the product/s are delivered they will be taken to the post office for collection.

(d) The Running Company is not responsible for late delivery of product/s, either if no one is available at the time of delivery to sign for the product or otherwise.

(e) When product/s are shipped from The Running Company and signed for upon delivery, the customer immediately becomes responsible for the product/s.

2 PAIRS OF SHOES SENT FOR GAIT ANALYSIS TESTING

The 2 chosen pairs and any other product will be paid for in full. Upon return of the 1 pair which wasn’t suitable we will refund the full price of this immediately but please ensure that the product is returned in its original condition that it left the store, all tags and boxes must be in tact. You will receive an Australia Post bag in the initial delivery to facilitate the return at your end to help make it easy for you!

When A customer who loses or steals the 2nd pair they will then be charged the shoes recommended retail price as listed on the website. A pair of shoes will be deemed to be stolen if not returned

When A customer who loses or steals the 2nd pair they will then be charged the shoes recommended retail price as listed on the website. A pair of shoes will be deemed to be stolen if not returned after 5 working days of the date of receipt of delivery by the customer (being any day which is not a Saturday, Sunday or bank or public holiday). All charges are billed to the customer’s account held within The Running Company’s secure payment gateway. In the event that any card declines, a bill will be sent to the address held on file with the amount enclosed. The customer will then be liable for an additional AUD $[30] administration fee.

The Running Company will provide customers with pre-paid return packaging for their 2nd pair of shoes when they are dispatched for Gait Analysis testing.

Where customers lose the pre-paid return packaging provided it is the responsibility of the customer to return the shoes via a trackable express post service to The Running Company at the address specified for the return of garments. Customers must then provide tracking details (by email) to hellorunner@therunningcompany.com.au in order to avoid further late return related charges.

GENERAL

a) Use of any of our products is entirely at the customer’s own risk and The Running Company will not be held liable for any health-related complaints associated with a product rented or purchased from our site.

b) You indemnify The Running Company against all loss and damage suffered, paid or incurred by The Running Company in connection with:
(i) your breach of the Terms and Conditions;
(ii) your breach of law;
(iii) any claim you might otherwise bring against The Running Company in relation to, or in connection with, late delivery of items purchased or borrowed or any loss or damage that you suffer as a result of faulty items.

c) The Running Company may give you notices under the Terms and Conditions in writing by any lawful means, including by hand, post, fax, email and through its website. You may give The Running Company notices under the Terms and Conditions in writing using the contact details set out at www.therunningcompany.com.au.

d) The Terms are governed by the laws of South Australia, Australia. You submit to the exclusive jurisdiction of the courts of South Australia. The Running Company provides its products and services from Australia. If you use the services or purchase products from outside of Australia, you are responsible for ensuring compliance with local law.

e) The Running Company may unilaterally vary the Terms and Conditions from time to time and you must comply the varied Terms.

f) You must not assign Your rights or sub-contract Your obligations under the Terms and Conditions without The Running Company’s written consent. The Running Company may assign its rights or sub-contract its obligations under the Terms and Conditions without restriction.

f) To the extent permitted by law, the Terms and Conditions contains the entire agreement of the parties with respect to its subject matter and supersedes all previous agreements, representations and discussions and you warrant you have not relied on any such agreements, representations and discussions.

g) If any part of the Terms and Conditions are void or unenforceable, that part is taken to be removed from the Terms and Conditions and the remaining Terms and Conditions continue to have full effect.

h) Any provision of the Terms and Conditions which are expressed to or, by their nature, survive the termination of the Terms and Conditions, will survive such termination.