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Terms And Conditions

**All Nike products are exclusive to Australian orders only. These products may not be shipped internationally.

 

*Free Shipping On all Orders over $200 

- Applies only to NSW, VIC, ACT, QLD, SA and TAS

 

Fair Use & Commercial Purchases

Commercial quantities are seen as orders of more than 2 items of the same product style. Throwback reserves the right to cancel orders deemed as 'commercial' quantities. 

A maximum of 2 units per style can be ordered. Any orders that have quantities exceeding these limits are subject to be cancelled and as such will incur a $10 restocking fee per item.

Limited releases

Strictly 1 (one) unit per style can be ordered per customer. This includes multiple orders from the same customer. Any customer exceeding these quantity limits will be subject to having all of their orders cancelled and as such may incur a restocking fee of $10 per item.

Throwback reserves the right to cancel any orders at any time, particularly in cases of special release products. Throwback strives to make product releases as fair as possible to all of our customers.

Limited releases can be deemed final sale, therefore not eligible for return or exchange.  

Third Party Payment Transaction

If using any third party payment gateway (eg. AfterPay or ZipPay) you will be re-directed to a third party site momentarily to complete your payment. Throwback does not take any responsibility should items sell out during this process, even if your order appears to have been processed and confirm. This is due to the fact that Throwback has no control over a product “overselling” due to a third party payment process.

For any quick strike or in demand products, it is strongly advised to not checkout using third party payment gateways to avoid these scenarios.

 

Terms Of Service

OVERVIEW 

This website is operated by Throwback. Throughout the site, the terms “we”, “us” and “our” refer to Throwback. Throwback offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

 

SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

 

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, phone number, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

 

For more detail, please review our Returns Policy

 

SECTION 7 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

 

SECTION 8 - THIRD-PARTY LINKS 

Certain content, products and services available via our Service may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

 

SECTION 10 - USER-GENERATED CONTENT 

From time to time we may reach out to our customers via social media to encourage you to share your own content (“Content”) using specific hashtags (#) alongside your Content in line with a campaign we might be running at that time. By responding to our post and using the required hashtag, you acknowledge and agree that:

  1. You comply with the terms and conditions of the platform you are using to create that Content;
  2. You own all rights in respect of your Content and/or have obtained appropriate rights and consents from any other persons featured in your Content;
  3. Your Content and social media handle may be featured across our social media platforms as well as our Site;

Throwback Store may enhance, adapt, crop or otherwise modify your Content. Any such modifications would only occur to the extent deemed reasonably appropriate by us; and 

You are solely responsible for your Content and will not seek to hold Throwback Store liable for any demands by a third party related to our use of your Content.

You may revoke your permission for us to use your Content at any time by sending a request to customerservice@throwbackstore.com.au. Upon receiving such a request we agree to remove your Content from our online platforms as soon as reasonably practicable, and removed to the extent technically practicable.

 

SECTION 11 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy

 

SECTION 12 - PRIVACY POLICY AND COMMUNICATIONS

Please click here to see our Privacy Policy.

When you provide us with your email address or mobile phone number, you may opt into electronic communications in respect of store updates, promotions, wishlist reminders, cart reminders and updates on the status of returns and refunds. Your consent to the receipt of certain communications may be implied from the use of certain functional aspects of our service.

 

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

 

SECTION 14 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

 

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Throwback, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

 

SECTION 16 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Throwback and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

 

SECTION 17 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

 

SECTION 18 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

 

SECTION 19 - ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

 

SECTION 20 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. 

 

SECTION 21 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time on this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

 

SECTION 22 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at customerservice@throwbackstore.com.au.


SECTION 23 - SMS MARKETING

By submitting any form from Throwback Store and signing up via text, you consent to receive marketing text messages (such as promotion codes and cart reminders) from Throwback Store at the number provided, including messages sent by autodialer. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. You can unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available) in one of our messages.

 

CURRENT/PAST PROMOTIONS & COMPETITIONS 

Black Friday Promotion

Offer starts 9am, 26/11/21. Ends 11:59PM 29/11/21. Use unique code BLACK at checkout. Offer for a further 20% off sales items. 20% off Select footwear, new arrival footwear not included in promotion. Cannot be used in conjunction with any other offer in which a discount is applied at checkout. 

Please check your discount code has been applied before pressing the next step button. If your code is not correctly applied at this stage , we can not apply the discount later or credit you and you will be charged the full price for your order.

 

Early Black Friday Promotion

Offer starts 9am, 19/11/21. Ends 11:59PM 25/11/21. Use unique code BLKFRI at checkout. Offer for a further 20% off sales items. Cannot be used in conjunction with any other offer in which a discount is applied at checkout. 

Please check your discount code has been applied before pressing the next step button. If your code is not correctly applied at this stage , we can not apply the discount later or credit you and you will be charged the full price for your order.

 

10 Year Anniversary

Offer starts 9am, 11/11/21. Ends 11:59PM 11/11/21. Use unique code 10YEARS at checkout. Offer for a further 20% off sales items & any order over $100 (excluding shipping) receives a free gift valued at $50. Mystery gift will be added to your order once packed, mystery gift will not show up on your order confirmation or invoice. Cannot be used in conjunction with any other offer in which a discount is applied at checkout. 

Please check your discount code has been applied before pressing the next step button. If your code is not correctly applied at this stage , we can not apply the discount later or credit you and you will be charged the full price for your order.

 

Click Frenzy Promotion

Offer starts 9am, 8/11/21. Ends 11:59PM 10/11/21. Use unique code CLK20FRNZY at checkout. Offer for a further 20% off sales items. Cannot be used in conjunction with any other offer in which a discount is applied at checkout. 

Please check your discount code has been applied before pressing the next step button. If your code is not correctly applied at this stage , we can not apply the discount later or credit you and you will be charged the full price for your order.

 

Mystery Kicks Competition

Competition starts 10am, 8th of October. Ends 11:59PM, 31/10/2021. Winner will be contacted via SMS by 1/11/21 5pm AEDT. Competition is for a 1 pair of Performance Footwear in the winners size, valued at over $200. By entering your phone number, you agree to receive marketing text messages from our company at the number provided. Consent is not a condition of purchase.

 

Footwear Sale - 20 - 65% OFF

Offer starts 10am, 24th of September. Prices as marked. This offer is valid on selected styles and colours listed on the following pages: https://throwbackstore.com.au/collections/on-sale

 

40% OFF Fleece

Offer starts 10am, 13th of September. Prices as marked. This offer is valid on selected styles and colours listed on the following pages: https://throwbackstore.com.au/collections/on-sale

 

30% Authentic Hardwood Classic Jerseys

Promo Code: AUTHENTIC30

Offer starts 10am, 21st of August 2021. Ends 11:59PM 25/11/21. Use unique code AUTHENTIC30 at checkout. Cannot be used in conjunction with any other offer in which a discount is applied at checkout. Valid on full-priced items only. This offer is valid on selected styles and colours listed on the following page: https://throwbackstore.com.au/collections/authentic30

Please check your discount code has been applied before pressing the next step button. If your code is not correctly applied at this stage , we can not apply the discount later or credit you and you will be charged the full price for your order. 

 

 

 

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