TRACKS SHOP
CUSTOMER TERMS & CONDITIONS
1. Introduction
These Terms and Conditions (“Terms”) govern your access to and use of Tracks Shop (the “Shop”), operated by Tracks Media Pty Ltd (“Tracks”, “we”, “us” or “our”).
By accessing the Shop or placing an order, you agree to be bound by these Terms, together with any applicable policies referenced in them, including our Shipping Policy, Returns Policy and Privacy Policy.
Tracks operates a curated online shop featuring products supplied by third-party brands and vendors (“Vendors”).
2. Merchant of Record
Tracks Media Pty Ltd is the merchant of record for all transactions conducted through the Shop.
Accordingly, Tracks:
- processes all payments;
- issues invoices and receipts;
- appears as the merchant on your bank statement; and
- manages refunds and chargebacks.
A contract for sale is formed between you and Tracks Media Pty Ltd once your order has been accepted and processed. Vendors act as fulfilment partners only and are not the contracting party with the customer.
3. Shop Structure
The Shop operates on a vendor-fulfilled model.
Products are sold by Tracks but fulfilled by Vendors. Vendors are responsible for product supply, dispatch, packaging, delivery, receiving returned products and associated operational services.
Tracks is responsible for:
- operating the Shop platform;
- managing customer communication;
- providing customer support;
- managing returns and refunds; and
- coordinating the resolution of order-related issues.
Tracks does not warehouse products or directly fulfil orders unless expressly stated.
4. Orders and Acceptance
All orders placed through the Shop constitute an offer by you to purchase the relevant products.
Orders are subject to acceptance by Tracks. Tracks reserves the right, at its sole discretion, to accept or reject any order for any reason, including but not limited to product availability, pricing errors, suspected fraud or operational constraints.
An order confirmation does not constitute acceptance of your order. Acceptance occurs when your order has been processed and confirmed by Tracks.
Tracks may cancel an order after it has been placed. Where payment has already been processed, a full refund will be issued.
5. Pricing and Payment
All prices are displayed in Australian Dollars (AUD) and include GST where applicable.
Prices and product information are subject to change without notice. While reasonable care is taken to ensure accuracy, errors may occur. In the event of a pricing or product description error, Tracks reserves the right to cancel the affected order and issue a refund where applicable.
Payment must be made at the time of checkout using the payment methods made available on the Shop.
6. Shipping and Delivery
6.1 Where We Ship
We currently ship within Australia only. International shipping is not available.
6.2 Vendor Fulfilment
Orders are fulfilled and shipped directly by Vendors.
6.3 Delivery Timeframes
Delivery timeframes are estimates only, are calculated from dispatch, and may vary depending on the Vendor, delivery location and product type. As a general guide:
- Metro: 1–6 business days
- Regional: 2–9 business days
Delivery may take longer during peak periods, and for freight items such as surfboards.
6.4 Multi-Vendor Orders
Where your order includes products from multiple Vendors, items may be shipped separately and may arrive in multiple parcels at different times. Different delivery conditions may apply to each item.
6.5 Shipping Costs
Shipping costs are calculated at checkout. Free standard shipping applies to eligible Australian orders over $150, excluding surfboards, oversized or bulky items and freight items. Full shipping and delivery terms are set out in our Shipping Policy.
6.6 Delivery Conditions
You are responsible for ensuring that:
- delivery details are accurate and complete;
- there is safe and appropriate access to the delivery location; and
- a person is available to accept delivery where required.
If delivery cannot be completed due to access issues, an incorrect address or no one being available to accept it, additional delivery or redelivery fees may apply.
6.7 Delays
Vendors are responsible for dispatch and delivery. Where a delivery is delayed, Tracks will coordinate with the Vendor and delivery provider to resolve the issue and remains your primary point of contact throughout. To the extent permitted by law, Tracks is not liable for delays caused by third-party delivery providers.
7. Title and Risk
Title to, and risk of loss or damage in, products passes to you upon delivery of the products to your nominated delivery address.
8. Tracking
All orders include tracking. Tracking information will be provided by email once your order has been dispatched. Where items are shipped from multiple Vendors, you may receive multiple tracking notifications.
9. Returns and Refunds
Returns are managed by Tracks under a single, Shop-wide Returns Policy, which forms part of these Terms. The key terms are summarised below and set out in full in our Returns Policy.
9.1 Change of Mind
We accept change-of-mind returns requested within 30 days of purchase, provided that:
- items are unworn, unwashed and unused, and returned in their original condition and packaging with all tags attached;
- the return has been requested and approved in accordance with clause 9.2; and
- items are sent back using the return label supplied by Tracks.
For change-of-mind returns:
- the cost of the return shipping label is deducted from your refund;
- where items from more than one Vendor are returned, a separate return label is issued for each Vendor, and the cost of each label is deducted from your refund;
- original shipping costs are non-refundable; and
- approved refunds are issued to your original payment method. Store credit is not offered.
Returns requested more than 30 days after purchase cannot be accepted. The following are excluded from change-of-mind returns: surfboards (see clause 10), gift cards, swimwear where the hygiene liner has been removed, and items marked as final sale.
9.2 Return Process
All returns must be requested through the Track Your Order page, including the reason for the return and any supporting images. Tracks will review each request and may approve or decline it.
Once a return is approved, Tracks will email you a return shipping label. Returned items are sent directly to the relevant Vendor. Items returned without prior approval, or without the label supplied by Tracks, may not be accepted or refunded.
9.3 Inspection
Returned items are inspected by the Vendor on receipt to confirm their condition. If a returned item does not meet the conditions in clause 9.1, Tracks will contact you to discuss next steps, which may include declining the refund in whole or in part.
9.4 Faulty, Damaged or Incorrect Products
If a product is faulty, damaged or incorrect, you must notify Tracks as soon as reasonably practicable, and provide supporting images where possible.
Tracks will coordinate with the Vendor to assess the issue and determine an appropriate resolution, which may include repair, replacement or refund. Return shipping for faulty, damaged or incorrect items is provided at no cost to you.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this clause excludes or limits your rights under the Australian Consumer Law.
9.5 Refunds
All refunds are processed by Tracks as merchant of record and are issued to your original payment method once the Vendor has confirmed receipt and condition of the returned item.
Refunds may take up to 10 business days to appear, depending on your bank or payment provider. Tracks reserves the right to determine the appropriate resolution in the event of disputes or escalations.
10. Surfboard Orders
Surfboards are treated as a special category due to freight requirements and, in some cases, custom production.
Shipping costs are calculated separately and are excluded from standard or free shipping offers. Delivery timeframes may be longer.
Surfboards cannot be returned unless they are faulty or damaged. Change-of-mind returns are not accepted for surfboards. Faults or damage will be assessed on a case-by-case basis, and any return must be arranged with Tracks before the surfboard is sent back.
Customers must inspect surfboards upon delivery and notify Tracks of any damage within 48 hours.
11. Lost or Damaged Goods
Customers must notify Tracks of damaged goods within a reasonable timeframe and provide supporting evidence.
In the case of lost parcels:
- the Vendor is responsible for courier investigation; and
- Tracks will manage customer communication and coordinate the outcome.
12. Cancellation by Tracks or Vendor
Orders may be cancelled by Tracks or the relevant Vendor (in full or in part) at any time where reasonably necessary, including where:
- the product is unavailable or out of stock;
- there is a pricing or product description error;
- the order cannot be fulfilled due to operational constraints;
- the transaction is suspected to be fraudulent or unauthorised; or
- the customer is reasonably suspected of purchasing for resale or commercial purposes.
Where an order is cancelled after payment has been processed, a refund will be issued for the affected items.
13. Customer Support and Dispute Resolution
Tracks is your first point of contact for all Shop enquiries, including orders, shipping, returns and refunds. You do not need to contact Vendors directly.
Where an issue arises, Tracks will work with the relevant Vendor to resolve it and, where necessary, determine an appropriate outcome, including issuing a refund or other resolution.
Customer service: customerservice@tracksmedia.com.au
Monday – Friday, 9am – 5pm
14. Customer Obligations
You agree to:
- provide accurate and complete information when placing an order;
- ensure delivery details are correct;
- inspect goods upon delivery and notify Tracks of any issues within a reasonable timeframe; and
- follow the return process set out in clause 9 when returning any item.
Tracks is not responsible for delays or failed delivery resulting from incorrect information provided by you.
15. Product Information
Product descriptions, specifications and imagery are provided by Vendors.
While Tracks takes reasonable care to ensure accuracy, variations may occur due to manufacturing processes, materials or display differences. Tracks does not guarantee that products will be identical to images displayed.
16. Warranties
Products may be subject to warranties provided by the Vendor or manufacturer.
To the extent permitted by law, such warranties are not provided by Tracks. Nothing in these Terms excludes or limits your rights under the Australian Consumer Law.
17. Liability
To the extent permitted by law, Tracks is not liable for any indirect, incidental or consequential loss arising from your use of the Shop.
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law.
18. Privacy
Your personal information is handled in accordance with the Tracks Privacy Policy.
To fulfil your order or process a return, relevant personal information may be shared with Vendors. Vendors may only use this information for fulfilment and returns purposes and are not permitted to use it for independent marketing.
19. Intellectual Property
All content on the Shop, including text, graphics, logos, icons, images, and the design and layout of the Shop, is owned by or licensed to Tracks Media Pty Ltd and is protected by Australian and international intellectual property laws.
All trademarks appearing on the Shop are the property of their respective owners, including, in some instances, Tracks Media. Product names, images and descriptions may be the property of the relevant Vendor or brand and are used with permission.
You may access and use the Shop to browse and make personal purchases. You must not reproduce, distribute, modify or commercially exploit any content from the Shop without the prior written consent of Tracks or the relevant rights holder.
20. Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia.
You and Tracks Media Pty Ltd submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. Nothing in this clause limits any rights you may have under the Australian Consumer Law.
21. Inconsistency
These Terms apply in conjunction with any other policies published on the Shop. In the event of any inconsistency, these Terms prevail to the extent necessary to resolve that inconsistency.
22. Amendments
Tracks reserves the right to amend these Terms at any time. Updated Terms will be published on the Shop and will take effect upon publication.
Your continued use of the Shop constitutes acceptance of any updated Terms.