Terms & Conditions
General Terms & Conditions
Welcome to the SMAI Pty Ltd (Sports Master Athletics International Pty Ltd) website. The products and services SMAI Pty Ltd offers are subject to the following Terms and Conditions and in addition to the following:
We recommend that all previously mentioned documents be read thoroughly before proceeding. We reserve the right to change these Terms and Conditions at any point in time without prior notice given.
1.1 In these Terms & Conditions, 'SMAI', 'We', 'Our' or 'Us' Means SMAI France; and 'You' or 'Your' means the person who accepts the Terms and Conditions.
1.2 By accessing, contacting, purchasing through, registering or otherwise using the SMAI website and/or SMAI's products and/or services, you are signifying your agreement to all the policies, procedures, rules, regulations, terms and conditions of this website, and thereby constituting a contract between the customer (you) and SMAI Pty Ltd.
1.3 By accepting the Terms & Conditions, you acknowledge that you are over the age of 18 years.
2. Site Use
2.1 SMAI grants you a limited non-transferable, non-revocable license to access and use this site by displaying it on your browser temporarily. This is given on the basis that you will not (unless expressly permitted by us in writing):
- Download or modify the content
- Falsely represent any of the products or services we offer on this site. This includes attaching a product description, image of SMAI product or content relating to SMAI products but selling an inferior products that is not manufactured or distributed by SMAI
- Use meta tags or other hidden text that have an association with the SMAI name and trademark
- Make any commercial use of the information provided
2.2 You may not distribute, sell, reproduce, lease, create derivative works from, modify, reverse-engineer, disassemble, transmit, display or otherwise exploit this site or any content within it (unless expressly permitted by us in writing). You may not distribute, upload to or otherwise publish through this site any information, content or other materials that:
- Breaches or infringes the patents, trademarks, copyrights, trade secrets or other proprietary rights of any person or entity
- Contains harmful codes or properties such as viruses, trap doors, worms, Trojan horses or bugs
- Is defamatory, obscene, indecent, offensive, threatening, damaging or could potentially lead to legal action
2.3 SMAI reserves the right to cancel accounts, refuse service, cancel orders or take legal action at our discretion if we deem that a customer’s conduct violates applicable law, is harmful to the interests of SMAI or breaches the above terms.
2.4 While we make every effort to ensure the safety and integrity of any content from any parties associated to the SMAI brand (or otherwise), we do not warrant this site, it’s servers or e-mails sent from SMAI are free of errors, viruses or other harmful content. We take no responsibility for any damage which may arise in connection with your use of the website.
3.1 Features and specifications on a Product are subject to change without notice.
3.2 All weight and dimensions of products described in the website are approximate
3.3 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
4.1 Prices on the website are subject to change without notice.
4.2 In the event a product on our website is priced incorrectly, we will contact you before shipping to request whether you want to buy the product at the correct price or cancel the order. If the order needs to be cancelled and you have already been charged, a refund will be issued immediately for the payment amount once the matter has been addressed.
4.3 The price of a product cannot be varied unless by agreement between You and Us in writing.
4.4 All prices listed are exclusive of Delivery Charges.
5.1 By placing an order with SMAI on our website or by other means, you agree to enter into a Purchase Contract to purchase the Product from SMAI.
5.2 Orders will be deemed to be received by SMAI when you receive an order confirmation email.
5.3 It is Your responsibility to ensure the correct information is supplied when completing your order.
5.4 SMAI will not be liable for any internet interruptions or technical issues which may cause disruptions or delays in your order.
5.5 SMAI reserves the right to decline to enter into a Purchase Contract with You and may cancel Your order at any time prior to dispatch of the order.
5.6 If you need to cancel your order, you will need to contact us prior to dispatch. A full refund will be provided with email confirmation.
5.7 If the order has already been dispatched, you will need to follow the Returns Policy.
5.8 SMAI is not liable for incorrect delivery information. If you have supplied incorrect delivery information, re-delivery fees will apply.
5.9 For Quotes, Estimates, Sales Orders, Tax Proforma, and/or Tax Invoices, it is Your responsibility to check all codes, quantity and prices are correct, or otherwise notify Us.
6.1 Payments will be processed immediately upon confirmation of your order
6.2 Payments can be completed on this site using a VISA or Mastercard, unless otherwise stated in a prior agreement in writing.
6.3 If your payment triggers our Fraud Prevention System, your order will not be processed until we contact you to confirm additional details.
7.1 SMAI does not accept any liability for loss or damage suffered as a result of delays outside of our control, including but not limited to shipping delays, weather, traffic, accidents, busy periods and other unforeseeable circumstances.
7.2 SMAI will not deliver Products to PO Box addresses, Military addresses or Parcel Lockers. SMAI does not deliver to the following countries: Albania, Bosnia And Herzegovina, Bulgaria, Congo, Congo The Democratic Republic Of The, Côte d'Ivoire, Croatia, Kosovo, Liberia, Macedonia, Republic Of, Montenegro, Romania, Serbia, Syria, Zimbabwe, Cuba, Iran Islamic Republic Of, Iraq, Korea Democratic People's Republic Of, Libyan Arab Jamahiriya, Sudan.
7.3 Your shipping charges on the website includes tailgate service and subsequent delivery (if required), unless otherwise stated in your quote/invoice.
7.4 Your shipping charges does not include change of address, remote delivery, hand off load, re-delivery, crane delivery and failure to pick up your order from your nearest depot within 48 hours.
7.5 You will need to sign off on your delivery in order to be covered by Transit Insurance.
7.6 If is your responsibility to check your goods at delivery. By signing off on your delivery, you accept that the number of items you receive matches the number on the consignment note and boxes/items are in acceptable condition.
7.7 We make all efforts to ensure that the goods are shipped in sufficient packaging as to not get damaged in transit. Once delivered, you must inspect the goods and ensure the delivery matches your order. You must let us know about any damaged, missing or incorrect goods within 48 hours. Claims outside this period will be deemed as "damaged in storage" or "other loss".
7.8 Where written authorisation has been given to leave the order unattended, with reception, or with other written instruction, without obtaining a signature confirming delivery, SMAI and our couriers will be released of all responsibility and liability for the items delivered and left unattended, and this responsibility and liability transfers to you on delivery.
7.9 Once the order has been dispatched from our warehouse, shipping charges are non-refundable as the service has been incurred.
7.10 International orders are subject to Duties and Taxes applicable in the importing country. Please check with your local customs authority in regards to applicable rates. It is your responsibility to cover these additional costs. Your shipping costs quoted by SMAI only covers the freight component. Unclaimed packages - if you do not rectify any taxes, duties or delivery issues in a timely manner, the package will be returned to us and you will not be reimbursed any shipping or product costs. SMAI are not liable for customs seizure or rejection of prohibited items such as weapons.
7.11 Removal of product packaging and any delivery service material is your responsibility. Including, but not limited to: protective plastic wrap, cardboard boxes and filling, polystyrene foam, shipping pallets, shipping crates etc. SMAI is not responsible for removal of these or similar packing items.
8.1 Change of mind returns must comply with our Returns Policy.
8.2 To facilitate a return, please contact us on firstname.lastname@example.org
8.3 You must comply with directions from SMAI staff to facilitate a return.
8.4 Returned products must be in re-saleable condition, that is, in its original packaging with all its accessories.
8.4 If you are returning a faulty product, you may return the product without its original packaging.
8.5 Refunds will be processed within 10 business days, however, we are not responsible for delays that are out of our control, including but not limited to bank providers
8.6 It is Your responsibility to ensure that the product is received at our Head Office address safely. SMAI is not liable for any loss or damage that may occur before it is received at our Head Office.
9.1 All products are SMAI are covered by a 3 month Manufacturers Warranty, starting from the date of invoice, unless otherwise specified in your Warranty Policy.
9.2 All products sold by SMAI have a manufacturing warranty that covers the structural integrity of the product, and so long as the equipment is fit for its intended purpose (this excludes clearance items). If your product turns out to be faulty or damaged, SMAI will repair, replace or refund the item; unless (but not limited to):
- The product has not been used for its original intended purpose
- Normal wear and tear
- Cosmetic damages
- Incorrect installation/assembly
- Improper storage
- Poor maintenance
- Outside the warranty period
- Lack of proof of purchase
9.3 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure.
9.4 It is Your responsibility to ensure correct installation and maintenance of the products, and inform further users or clients of proper equipment usage and handling. We recommend that you conduct regular equipment audits to ensure that all your products are correctly maintained and replaced as required.
10. Gift Vouchers
10.1 Gift vouchers can be used as payment on the website.
10.2 Gift cards will be emailed to you. We accept no liability for errors in the email address of the voucher recipient.
10.3 SMAI are no liable for any loss, theft or illegibility of gift vouchers.
10.4 Gift vouchers cannot be redeemed for cash.
10.5 Gift vouchers do not have an expiry date, unless otherwise specified at the time of issue in writing.
10.6 Gift vouchers cannot be refunded.
12.1 Promotional codes cannot be applied to previously placed orders.
12.2 Promotional codes that offer a percent off cannot be used in combination with any other promo codes or percentage-off sales.
12.3 Promotional codes are not transferable or redeemable for cash or credit.
12.4 Promotional codes cannot be applied to existing orders and does not rollover on back-orders.
12.5 Certain products may be excluded from promo codes.
12.6 To apply a promotional code, you must enter it at checkout prior to completing the order.
13.1 We make every effort to provide correct, timely, accurate information on this website and all associated areas at which is possible for point of contact. SMAI makes no representations or warranties of any kind, as to the operation of this site, the products, product descriptions, material, content or information on this site and as such are all on an “as is” basis. To the full extent permissible by applicable law, we disclaim all warranties, expressed or implied, including (but not limited to) implied warranties of merchant-ability and fitness for a particular purpose.
13.2 By accepting these terms and conditions you are indicating that you agree to ensure all information, products and services available on this website meet your requirements.
13.3 SMAI will not be liable (to the fullest extent of the law) for any damages of any kind arising from the use of this site. This includes (but is not limited to) direct, indirect, incidental, punitive and consequential damages, mistakes, inaccuracies or errors on this site are also not something SMAI will be held liable for to the fullest extent of the law.
13.4 SMAI cannot warrant the accuracy of any submissions or opinions and therefore cannot be liable or responsible for the contents of such. If there is information that you have come across that you believe to be inappropriate please notify us via email@example.com. This content will be reviewed by SMAI staff and if deemed inappropriate, will be removed within a reasonable time frame. All submissions or opinions expressed on www.smaifrance.fr or within our emails are the views of the individual and may not reflect that of our own.
13.5 When participating in physical training or using SMAI equipment, you risk the possibility of serious injury, disability or in some cases death. By engaging in physical training you are agreeing that you do so at your own risk, of your own will, assuming all risk of injury to you yourself.
13.6 You agree that SMAI and its associates are not liable for and take no responsibility in the event of any injury or harm that occurs to any person/persons using SMAI products. Use SMAI equipment only under the supervision of a skilled instructor/trainer who responsibly monitors techniques, intensity of training and assures that their clients are properly trained and physically conditioned.
13.7 Minors using these products should have constant, qualified, adult supervision.
13.8 Do not use old, modified, damaged, or improperly fitted equipment as the condition or effectiveness of the product may diminish with time and use.
13.9 Consult your physician before beginning any exercise program and know your limitations.
13.10 Protective products are recommended for non-contact or light-contact use only, unless otherwise stated on the product.
13.11 SMAI sparring products are only intended to reduce the risk and severity from accidental injury to protected areas during supervised, non-contact or light-contact sparring.
13.12 SMAI boxing gloves are recommended to aid in impact protection and only intended for light-contact on soft training targets such as padded shields, hanging bags, speed bags, etc. Light-contact is defined as a force that will not cause pain, injury, penetration, or visible movement of the opponent/target.
13.13 SMAI martial arts weapons are recommended for display purposes only, any other use of these products are done so at your own risk.
13.14 SMAI is not responsible for improper or illegal use or modification of its weapons.
13.15 Some weapons may be illegal in user’s area; the user must research and follow state and local laws.
13.16 Weapons will not be sold to anyone less than 18 years of age.
14.1 All content and material on this site is the property of SMAI therefore is under the copyright of Sports Master Athletic International Pty Ltd 1985 and cannot be duplicated without our expressed consent. This includes (but is not limited to) images, logos, designs, photos, button icons, text, audio/visual clips, trademarks and graphics. Use of www.smai.com.au does not allow you to modify, transmit, download or use any material from this website for any personal, public or commercial purpose (exclusions may apply).
15. Prohibited Weapons
When selling prohibited weapons across Australia, SMAI must comply with State & Federal Laws. There is no one rule for all prohibited weapons please carefully read your state’s requirements.
- NSW - Police commissioners permit.
- VIC - Police commissioners permit.
- ACT - A prohibited weapon/s may be purchased if you are a martial artist.
- TAS - A prohibited weapon/s may be purchased if you are a martial artist.
- SA - A prohibited weapon/s may be purchased if you are a martial artist.
- WA - A prohibited weapon/s may be purchased if you are a martial artist.
- NT - A prohibited weapon/s may be purchased if you are a martial artist.
- QLD - A prohibited weapon/s may be purchased if you are a martial artist.
15.2 Replica Glock, TBA ASAP, Tonfa (The law as at – 24-09-2010)
- NSW - An ‘Imitation Firearm Permit’ as per Section 4D of the Firearms Act 1996 is required
- VIC - Chief Commissioners Prohibited weapons Approval Required or Governor in council Exemption
- SA - Must be over the age of 18 and require a lawful reason for possession
- WA - Commissioners Permit Required
- QLD - Must be over the age of 18 and no permit is required to possess replicas of Category A,B,C,D or H weapons
- NT - Must be over the age of 18 and require a lawful reason for possession
- TAS - Must be over the age of 18 and require a lawful reason for possession
15.3 Security Batons
- NSW - Security License Required
- VIC - Security License Required
- ACT - Security License Required
- TAS - Security License Required
- SA - Security License Required
- WA - Security License Required
- NT - Security License Required
- QLD- Security License Required
You must be at least 18 years and will be required to present proof of age if required. You must check the laws and regulations in their state or territory to check the legality of items ordered and it is Your responsibility to do so. SMAI is not liable for any items seized by customs. Customers located outside of Australia will need to check with customs in Your country as to the legality of the items and if permits are required for customs clearance.
15.5 Permits for each weapon category must be emailed through to SMAI Head Office prior to ordering any prohibited weapon at firstname.lastname@example.org. This license will be archived at SMAI for future orders. At no time will SMAI be responsible to inform license holder of any expired license. The license holder must take full responsibility in keeping a valid license in SMAI’s archives.
16.1 We have put in place safety measures to collect personal information and securely keep it in our system. We do this by providing a password protected registration which you can edit at any point in time once registered.
16.2 All information we receive is kept in our database that is secured against unauthorised access or use.
16.3 To comply with the Children’s Privacy Act we will not accept registration inquiries from anyone that is under the age of 13.
16.4 We don’t trade, transfer or sell any personal information to any other entities not associated with SMAI. We may however share certain information necessary in conducting our business, for shipping purposes or in offering you the best customer service. The information will be supplied only to trusted third parties who agree to keep this information private and the only other instances in which we may share personal information will be if required by law.
17.1 The content of any emails sent by Sports Master Athletics International Pty Ltd or one of its related entities "SMAI" is the view of the sender or stated author and does not necessarily reflect the view of SMAI.
17.2 The content of any emails sent by Sports Master Athletics International Pty Ltd or one of its related entities "SMAI", including attachments, is a confidential communication between SMAI and the intended recipient. If you are not the intended recipient, any use, interference with, disclosure or copying of this e-mail, including attachments, is unauthorised and expressly prohibited. If you have received an e-mail in error please contact the sender immediately and delete the e-mail and any attachments from your system.
17.3 Although we have taken care to ensure the attachment(s) (if any) to our emails are virus free, we cannot and do not warrant it will be free of errors or viruses. We recommend attachments are scanned with the latest anti-virus software prior to opening.
17.4 Any invoices sent by Sports Master Athletics International Pty Ltd or one of its related entities "SMAI" are confidential and contain commercially sensitive information and confidential information of SMAI. The intended recipient or its affiliates must not disclose this invoice to any third party or use the information contain therein for any purpose other than as a record of the request and demand for payment for the goods/services set out in this invoice. If you are not the intended recipient of this invoice or an affiliate thereof, you must immediately destroy this invoice.
17.5 Any disclosure or unauthorised use of the information contained in any invoices sent by Sports Master Athletics International Pty Ltd or one of its related entities "SMAI" is expressly prohibited.
382 Vieille Route de Saint-Germain,
74290 Talloires-Montmin, France