Terms & Conditions

1. Introduction

1.1 This website, and any associated webstores or online portals we operate for clubs, schools or organisations (Site), is operated by Hello Co. Pty Ltd (ABN 55 612 984 102) trading as Athlead (we, our or us).

1.2 These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site (you or your). If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind that entity and its personnel to these Terms.

2. Use of the Site

2.1 You accept these Terms by placing an order via the Site, or by getting in contact with us directly to place an order that references or is made subject to these Terms.

2.2 You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.

2.3 When using the Site, you must not do (or attempt to do) anything that is unlawful or inappropriate, including:

anything that would constitute a breach of an individual's privacy or any other legal rights;
using the Site to defame, harass, threaten, menace or offend any person;
using the Site for unlawful purposes;
interfering with any user of the Site;
tampering with or modifying the Site (including by transmitting viruses or using trojan horses);
using the Site to send unsolicited electronic messages;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
facilitating or assisting a third party to do any of the above acts.

3. Accounts

3.1 You may purchase products from us without an account or you may choose to create an account with us, which allows you to review your order history and account details, and access certain webstores or online portals (for example, club or school stores).

3.2 You must ensure that any personal information you provide to us when creating an account is accurate, complete and up to date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

3.3 It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4. Orders

4.1 You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an offer to purchase the product(s) for the price listed on the Site (including any delivery fees or other applicable charges and taxes).

4.2 We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

4.3 It is your responsibility to carefully check your order details, including selected products, quantities, designs or artwork (where applicable), delivery details and pricing, before you submit your order through the Site.

4.4 When you order and pay on the Site, and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

4.5 All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

4.6 We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where:

there is a considerable delay in dispatching your order;
for any reason we cannot supply the products you order (for example due to supplier, manufacturing or shipping constraints, or an event beyond our reasonable control); or
the products ordered were subject to an error on our Site (for example in relation to a description, price or image).

4.7 If we cancel your order, we will contact you using the details you provided when you placed your order. You may choose to receive a refund or store credit, or to place your order on backorder (where possible). If you choose a refund or store credit, any delivery costs you have paid for the products will also be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.

5. Supplier Selection and Production Variability

You acknowledge and agree that:

We may manufacture or decorate products using any of our approved suppliers, factories, or production partners (including offshore and local facilities), and supplier selection is at our discretion.
We may change or substitute suppliers at any time without notice, including due to workload, capability, production timelines, seasonality, Chinese New Year closures, raw material availability, capacity constraints, or unforeseen events or disruptions.
Minor variations in colour, sizing, fabric, stitching, construction, or finishing may occur between suppliers, batches, or production methods and are considered standard industry tolerances and are not deemed defects.
Such supplier changes or production variations do not entitle you to a refund, return, re-make, or cancellation, except as required under the Australian Consumer Law.
We will always ensure that any alternate suppliers meet our internal quality standards and that the final product is materially consistent with the approved design and specifications.

6. Price and Payments

6.1 You must pay us the purchase price of each product you order, plus any applicable delivery costs, in accordance with this clause (Price). All amounts are stated in Australian dollars (AUD) and include Australian GST where applicable, unless stated otherwise.

6.2 You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card, credit card or another payment method, you warrant that you are authorised to use that payment method.

6.3 The payment methods we offer are set out on the Site. We may offer payment through a third-party provider (for example, a third-party payment gateway or 'buy now, pay later' service). You acknowledge and agree that:

we have no control over the actions of any third-party payment provider; and
your use of any third-party payment method may be subject to additional terms and conditions imposed by that provider.

6.4 We do not store any complete credit card details, and all payment information is collected and stored through our third-party payment processor(s).

6.5 We may from time to time issue promotional discount codes for certain products on the Site. To claim a discount, you must enter the promotional discount code at the time of submitting your order through the Site and comply with any conditions of use set out on the Site.

6.6 We may also from time to time run competitions or promotions on the Site or on social media. These competitions and promotions are subject to separate terms and conditions, which will be made available at the time.

7. Delivery, Title and Risk

7.1 If possible, we will deliver the products to the delivery address you provide when making your order. We deliver Australia-wide (unless our delivery partners do not deliver to your area).

7.2 Delivery costs are set out on the Site (or notified to you) and are payable in addition to the Price.

7.3 We will dispatch products in accordance with the timeframes set out on our Site or otherwise advised by us to you. Delivery periods are estimates only, based on information provided by our delivery partners.

7.4 If you need to change the delivery day or delivery address, please notify us in writing as soon as possible. Changes may not always be possible once an order has been dispatched.

7.5 We deliver products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises (where safe to do so) or follow any reasonable instructions provided by you or the delivery provider.

7.6 Title to the products will remain with us until you have paid the Price in full. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

7.7 Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order (or as otherwise agreed in writing).

8. Returns

8.1 You may have rights under the Australian Consumer Law (see clause 9) in addition to any rights set out in this clause.

8.2 Due to the nature of our products and services, particularly made-to-order, custom or personalised items (including decorated, logoed or sublimated apparel and products), we do not accept returns or exchanges for a change of mind or change of circumstance, except where required under the Australian Consumer Law.

8.3 All other products offered by us may be returned or exchanged for a change of mind within 30 days of purchase, subject to this clause.

8.4 All items returned for change of mind must be unused, in the same condition that you received them, and in the original packaging.

8.5 We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these costs yourself.

8.6 Once your return is received and inspected, we will notify you whether your return has been approved. If approved, your refund will be processed, and a credit applied to your original payment method (this may take a few days, depending on your bank or payment provider).

8.7 If a product was marked as a gift when supplied to you, and a refund is approved, your refund may be processed as store credit and you may be provided with a gift card or certificate.

9. Australian Consumer Law

9.1 Nothing in these Terms attempts to modify or exclude the conditions, warranties, guarantees and other legal rights under the Australian Consumer Law. In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

9.2 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 they fail to be of acceptable quality and the failure does not amount to a major failure.

9.3 Any other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

9.4 Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example, delivery costs) of returning the products to us, unless we otherwise agree in writing.

9.5 Where your claim is a valid claim under the Australian Consumer Law, we will refund your reasonable return delivery costs and, depending on the nature of the failure, either dispatch a new or repaired replacement product, or refund you the Price of the relevant product.

10. Limitations

10.1 You may have rights under the Australian Consumer Law (see clause 9), and nothing in this clause attempts to modify or exclude those rights.

10.2 Despite anything to the contrary, to the maximum extent permitted by law:

we make no warranty as to the suitability of any product for your particular needs or purposes, and you are responsible for ensuring that the products are fit for the purposes for which you require them;
you acknowledge and agree that the sizing dimensions of any apparel on our Site may differ from the sizing of apparel offered by third parties;
you acknowledge and agree that it is your responsibility to select the correct sizing and we encourage you to make use of the sizing guides set out on our Site (and, where applicable, sample garments provided to clubs, schools or organisations);
we make no warranty that our apparel sizing will exactly match our sizing guides, as minor deviations can occur as a result of the materials used or due to the nature of textile manufacturing processes. You acknowledge and agree that any minor deviation (up to 3cm or 5% of garment dimensions) between the sizing dimensions of apparel you order and the dimensions set out in our sizing guides will not be considered a defect;
our maximum aggregate liability arising from or in connection with these Terms (including the products and/or the subject matter of these Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

10.3 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for (and you waive and release us from) any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control, including but not limited to natural disasters, civil unrest, war, terrorism, pandemics (including COVID-19 and any variations or mutations), government restrictions, transport or logistics disruptions, or other similar events.

10.4 Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

loss of, or damage to, the products, or any injury or loss to any person;
failure or delay in providing the products; or
breach of these Terms or any law,

where caused or contributed to by any:

event or circumstance beyond our reasonable control; or
act or omission of you or your related parties.

11. Intellectual Property

11.1 All intellectual property rights (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Site, any artwork or designs we create or assist with, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

11.2 You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for resale, or for any other revenue generation activity, without our prior written consent.

11.3 You must not, without our prior written consent:

copy, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

11.4 Nothing in this clause 11 restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

you do not assert that you are the owner of Our Intellectual Property;
unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
you do not damage or take unfair advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
you comply with all other terms of these Terms.

12. Content You Upload

12.1 We encourage you to interact with the Site and with us on social media. You may be permitted to post, upload, publish, submit or transmit information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

12.2 If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.

12.3 You may request that your User Content be removed from the Site or our social media platforms by emailing us at the address at the end of these Terms. We will use reasonable efforts to action any removal requests within a reasonable time.

12.4 You are solely responsible for all User Content that you make available on or through the Site or social media. You represent and warrant that:

you are either the sole and exclusive owner of all User Content, or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content, nor our use of the User Content, will infringe, misappropriate or violate a third party's intellectual property or other rights, or result in the violation of any applicable law or regulation.

12.5 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time and at our sole discretion, remove any User Content.

13. General

13.1 Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting (or holding a call) with the other party to seek (in good faith) to resolve that dispute, unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause.

13.2 Notices: Any notice given under these Terms must be in writing and addressed to us at the contact details set out below, or to you at the details provided when you submitted your order or set up your account. Notices may be sent by standard post or email and will be deemed served:

in the case of post, 48 hours after posting; and
in the case of email, at the time of transmission, unless the sender receives an automated message that the email was not delivered.

13.3 Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please contact us using the details below and we will take reasonable steps to address your concerns.

13.4 Assignment: You must not assign, novate or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights or obligations under these Terms at any time.

13.5 Entire agreement: Subject to your rights under the Australian Consumer Law, these Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

13.6 Amendment: We may vary these Terms at any time by publishing the varied terms on the Site. Prior to placing an order, we recommend you carefully read the Terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the Terms that apply will be those that were in effect (and which you agreed to) at the time you placed your order.

13.7 Governing law: These Terms are governed by the laws of the Australian Capital Territory, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the Australian Capital Territory and any courts entitled to hear appeals from those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws where you access the Site.

Contact Details

For any questions and notices, please contact us at:

Hello Co. Pty Ltd trading as Athlead · ABN 55 612 984 102 · Email: accounts@helloco.au · Website: helloco.au