1. About the Website

  • (a) Welcome to https://nyasport.com/ (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
  • (b) The Website is operated by The Baller Company Pty Ltd t/a NYA Sport (ABN 97 682 404 584). Access to and use of the Website, or any of its associated Products or Services, is provided by The Baller Company Pty Ltd t/a NYA Sport. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
  • (c) The Baller Company Pty Ltd t/a NYA Sport may review and change these Terms from time to time by updating this page. Where a change to the Terms is material, The Baller Company Pty Ltd t/a NYA Sport will give you at least 14 days’ notice before the change takes effect, by publishing a notice on the Website and, where we hold your email address, by email. A change to the Terms does not apply retrospectively and does not affect any order you have already placed, which continues to be governed by the Terms in force at the time your order was accepted. If you do not agree to a change, you may stop using the Website and, where the change materially disadvantages you, terminate these Terms under clause 12 without penalty. We recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Baller Company Pty Ltd t/a NYA Sport in the user interface.

3. Purchasing as a guest or registered user

  • (a) You may purchase Products through the Website either as a guest or by registering as a user of the Website. Registration is not required in order to make a purchase.
  • (b) Whether you purchase as a guest or as a registered user, you may be required to provide personal information about yourself (such as identification, contact or delivery details), including:
    • (i) Email address;
    • (ii) Name;
    • (iii) Delivery address; and
    • (iv) where you choose to register an account, a preferred username and password.
  • (c) You warrant that any information you give to The Baller Company Pty Ltd t/a NYA Sport in the course of completing a purchase or the registration process will always be accurate, correct and up to date.
  • (d) If you complete the registration process, you will be a registered member of the Website (Member). Guests and Members are each bound by these Terms.
  • (e) You may not use the Purchase Services and may not accept the Terms if:
    • (i) you are not of legal age to form a binding contract with The Baller Company Pty Ltd t/a NYA Sport; or
    • (ii) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a user

  • (a) As a user of the Website, whether as a guest or as a Member, you agree to comply with the following. You will use the Purchase Services only for purposes that are permitted by:
    • (i) the Terms;
    • (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • (iii) where you have registered an account, you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
    • (iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Baller Company Pty Ltd t/a NYA Sport of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    • (v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Baller Company Pty Ltd t/a NYA Sport providing the Purchase Services;
    • (vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    • (vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by The Baller Company Pty Ltd t/a NYA Sport for any illegal or unauthorised use of the Website; and
    • (viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products, pricing and returns

  • (a) In using the Purchase Services to purchase a Product through the Website, you agree to pay the purchase price listed on the Website for that Product (Purchase Price). All prices displayed on the Website are in Australian dollars (AUD) and are inclusive of GST. Any delivery charges payable under clause 6 are displayed separately at checkout before you complete your order.
  • (b) Payment of the Purchase Price may be made through Stripe or PayPal (each a Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
  • (c) Following payment of the Purchase Price being confirmed by The Baller Company Pty Ltd t/a NYA Sport, you will be issued with a receipt to confirm that the payment has been received and The Baller Company Pty Ltd t/a NYA Sport may record your purchase details for future use.
  • (d) Availability and pricing errors. Despite our reasonable efforts, a Product may occasionally be listed at an incorrect price, described incorrectly, or be unavailable or out of stock at the time your order is received. Where this occurs in relation to an order you have placed, The Baller Company Pty Ltd t/a NYA Sport will notify you and cancel the order (or the affected part of it) and will refund to you in full any amount you have paid for that Product, using the same payment method you used to place the order, ordinarily within 5 business days. Nothing in this clause limits, excludes or modifies your rights under the Australian Consumer Law.
  • (e) Change of mind returns. The Baller Company Pty Ltd t/a NYA Sport may, at its discretion, provide a refund or exchange on the return of a Product within 14 days of delivery where the Product is unused, the packaging is unopened and the Product remains in a saleable condition. You are responsible for the postage and shipping costs of a return made under this clause. This clause records a voluntary change of mind policy which The Baller Company Pty Ltd t/a NYA Sport offers in addition to your rights under the Australian Consumer Law. It does not limit, exclude or modify those rights, and it does not apply to a return arising from a Product being faulty or otherwise failing to meet a consumer guarantee.
  • (f) Faulty Products. Where a Product is faulty, is not of acceptable quality, does not match its description or sample, or otherwise fails to meet a consumer guarantee under the Australian Consumer Law, clause 7 applies. Your rights in those circumstances are not limited to the 14 day period in clause 5(e).
  • (g) Bespoke and wholesale orders. Bespoke and wholesale orders, including orders placed by clubs, schools, associations, institutions and other organisations, are not placed through the Purchase Services and clauses 5(a) to 5(e) do not apply to them. Those orders are the subject of a separate written contract entered into between The Baller Company Pty Ltd t/a NYA Sport and the relevant club, institution or organisation, which sets out the applicable specifications, artwork approvals, minimum quantities, pricing, lead times, payment terms, cancellation and variation rights, and warranty arrangements. Where there is any inconsistency between that written contract and these Terms, that contract prevails to the extent of the inconsistency. Nothing in this clause limits, excludes or modifies any rights or remedies available under the Australian Consumer Law where it applies to the supply.

6. Delivery

  • (a) The Baller Company Pty Ltd t/a NYA Sport arranges delivery of Products (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).
  • (b) Delivery charges. Standard delivery within Australia is provided free of charge. Where you select expedited or express delivery, or any additional delivery, insurance or handling option offered at checkout, the applicable charge will be displayed to you and payable by you before you complete your order.
  • (c) Delivery timeframes. Any delivery timeframe shown on the Website or at checkout is an estimate only and is not a guaranteed delivery date, unless we have agreed a specific delivery date with you in writing. Where no delivery date is agreed, we will supply the Products within a reasonable time.
  • (d) Risk and responsibility. Risk in and responsibility for the Products remains with The Baller Company Pty Ltd t/a NYA Sport until the Products are delivered to you at the delivery address you nominate. If a Product is lost, damaged or destroyed before it is delivered to you, The Baller Company Pty Ltd t/a NYA Sport is responsible for that loss or damage and you are not required to make a claim against, or seek a remedy from, the Delivery Service Provider.
  • (e) Lost or damaged deliveries. If your Product does not arrive, or arrives damaged, please contact us at info@nyasport.com and describe what has occurred. We will, consistent with your rights under the Australian Consumer Law and at your election where those rights apply, resend the Product or provide you with a refund, at no additional cost to you. Nothing in these Terms requires you to deal directly with a Delivery Service Provider or to claim on any delivery insurance in order to obtain that remedy.
  • (f) Reporting transit damage. So that we can monitor the performance of our Delivery Service Providers, we would appreciate you telling us in what way the Products were damaged in transit. This is to assist us in determining whether a Delivery Service Provider should be removed from the Purchase Services, and is not a condition of any remedy available to you.

7. Consumer guarantees and warranty against defects

  • (a) 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.
  • (b) Voluntary warranty. In addition to the guarantees described in clause 7(a), The Baller Company Pty Ltd t/a NYA Sport provides a voluntary warranty against defects in materials and workmanship in the Products (Warranty) for a period of 1 month from the date of purchase for retail orders, and 1 month from the date of delivery for bespoke and wholesale orders (Warranty Period).
  • (c) Your rights are not limited by the Warranty Period. The benefits given to you by the Warranty are in addition to other rights and remedies available to you under a law in relation to the Products to which the Warranty relates. Nothing in the Warranty or in these Terms limits, excludes or modifies your rights under the Australian Consumer Law, and no provision of these Terms is to be read as doing so. In particular, your rights under the consumer guarantees are not limited to the Warranty Period and continue for such period as is reasonable having regard to the nature of the Products, the price paid, any statements made about the Products and any other relevant circumstances.
  • (d) Who provides the Warranty. The Warranty is given by The Baller Company Pty Ltd t/a NYA Sport, ABN 97 682 404 584, of [insert registered business address], telephone [insert telephone number], email info@nyasport.com.
  • (e) Making a claim. To make a claim under the Warranty during the Warranty Period, or to make a claim under the consumer guarantees, you must provide proof of purchase to The Baller Company Pty Ltd t/a NYA Sport showing the date of purchase of the Products, together with a description of the Products, the price paid and a description of the issue, by sending written notice to The Baller Company Pty Ltd t/a NYA Sport by email at info@nyasport.com.
  • (f) What we will do. Where a Warranty claim is accepted, The Baller Company Pty Ltd t/a NYA Sport will, at its discretion, repair or replace the defective Product or the affected part with a new or remanufactured equivalent, at no charge to you for parts or labour. Where a claim is made under the consumer guarantees, the remedy available to you (repair, replacement, refund or compensation) will be determined in accordance with the Australian Consumer Law.
  • (g) Expenses. The Baller Company Pty Ltd t/a NYA Sport will bear the reasonable expense of a claim that is accepted under the Warranty, including the reasonable cost of returning the Product to us and of returning the repaired or replacement Product to you. Where you make a claim under the consumer guarantees, you are entitled to be reimbursed for any reasonable costs you incur in returning the Product to us. Where the Product cannot easily be returned because of its size, height or method of attachment, we will collect it at our expense.
  • (h) Warranty exclusions. The Warranty does not apply to fair wear and tear, to the appearance or finish of the supplied Products, or to any supplied Product the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction. This clause limits the voluntary Warranty only. It does not limit, exclude or modify your rights under the Australian Consumer Law, including your right to a remedy where a Product is not of acceptable quality.

8. Copyright and Intellectual Property

  • (a) The Website, the Purchase Services and all of the related products of The Baller Company Pty Ltd t/a NYA Sport are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by The Baller Company Pty Ltd t/a NYA Sport or its contributors.
  • (b) The Baller Company Pty Ltd t/a NYA Sport retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
    • (i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of The Baller Company Pty Ltd t/a NYA Sport; or
    • (ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
    • (iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
  • (c) You may not, without the prior written permission of The Baller Company Pty Ltd t/a NYA Sport and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy

The Baller Company Pty Ltd t/a NYA Sport takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to The Baller Company Pty Ltd t/a NYA Sport’s Privacy Policy, which is available on the Website.

10. General Disclaimer

  • (a) You acknowledge that The Baller Company Pty Ltd t/a NYA Sport does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
  • (b) The Baller Company Pty Ltd t/a NYA Sport will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
  • (c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Every other provision of these Terms is to be read subject to this clause 10(c).
  • (d) Subject to clause 10(c), and to the extent permitted by law:
    • (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
    • (ii) The Baller Company Pty Ltd t/a NYA Sport will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms.
  • (e) Subject to clause 10(c), use of the Website, the Purchase Services, and any of the products of The Baller Company Pty Ltd t/a NYA Sport (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of The Baller Company Pty Ltd t/a NYA Sport, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind.

    This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

    • (i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    • (ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
    • (iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
    • (iv) the Content or operation in respect to links which are provided for the User’s convenience;
    • (v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    • (vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

  • (a) Subject to clause 10(c) and clause 11(d), and to the extent permitted by law, The Baller Company Pty Ltd t/a NYA Sport’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or, where you have not paid the Purchase Price, the resupply of information or Purchase Services to you.
  • (b) Subject to clause 10(c) and clause 11(d), you expressly understand and agree that The Baller Company Pty Ltd t/a NYA Sport, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.
  • (c) The Baller Company Pty Ltd t/a NYA Sport is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Baller Company Pty Ltd t/a NYA Sport, by third parties or by any of the Purchase Services offered by The Baller Company Pty Ltd t/a NYA Sport.
  • (d) Nothing in this clause 11 or in clause 10 limits, excludes or modifies The Baller Company Pty Ltd t/a NYA Sport’s liability for a failure to comply with a consumer guarantee under the Australian Consumer Law, or any other liability which cannot lawfully be limited or excluded.
  • (e) Subject to clause 10(c), you acknowledge that the Delivery Services are performed by Delivery Service Providers and you agree that, other than as set out in clause 6, The Baller Company Pty Ltd t/a NYA Sport will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

  • (a) The Terms will continue to apply until terminated by either you or by The Baller Company Pty Ltd t/a NYA Sport as set out below.
  • (b) If you want to terminate the Terms, you may do so by:
    • (i) notifying The Baller Company Pty Ltd t/a NYA Sport at any time; and
    • (ii) closing any account you hold for the Purchase Services, where The Baller Company Pty Ltd t/a NYA Sport has made this option available to you.
  • (c) Your notice should be sent, in writing, to The Baller Company Pty Ltd t/a NYA Sport at info@nyasport.com or via the ‘Contact Us’ link on our homepage.
  • (d) The Baller Company Pty Ltd t/a NYA Sport may at any time, terminate the Terms with you if:
    • (i) you have breached any provision of the Terms or intend to breach any provision;
    • (ii) The Baller Company Pty Ltd t/a NYA Sport is required to do so by law;
    • (iii) the partner with whom The Baller Company Pty Ltd t/a NYA Sport offered the Purchase Services to you has terminated its relationship with The Baller Company Pty Ltd t/a NYA Sport or ceased to offer the Purchase Services to you;
    • (iv) The Baller Company Pty Ltd t/a NYA Sport is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
    • (v) the provision of the Purchase Services to you by The Baller Company Pty Ltd t/a NYA Sport is, in the opinion of The Baller Company Pty Ltd t/a NYA Sport, no longer commercially viable.
  • (e) Subject to local applicable laws, The Baller Company Pty Ltd t/a NYA Sport reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Baller Company Pty Ltd t/a NYA Sport’s name or reputation or violates the rights of those of another party.
  • (f) Termination of these Terms does not affect any order that has already been accepted and paid for. The Baller Company Pty Ltd t/a NYA Sport will either complete that order or, where it does not do so, refund to you in full any amount you have paid for Products not supplied.
  • (g) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and The Baller Company Pty Ltd t/a NYA Sport have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

  • (a) You agree to indemnify The Baller Company Pty Ltd t/a NYA Sport, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    • (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
    • (ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
    • (iii) any breach of the Terms.
  • (b) The indemnity in clause 13(a) does not apply to the extent that the relevant liability was caused or contributed to by The Baller Company Pty Ltd t/a NYA Sport or its personnel, and is reduced proportionally to the extent of that contribution. This clause 13 does not apply to any liability which cannot lawfully be the subject of an indemnity.

14. Dispute Resolution

14.1 Compulsory

If a dispute arises out of or relates to the Terms, neither party may commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with, except where:

  • (i) urgent interlocutory relief is sought;
  • (ii) the claim is brought in a court or tribunal exercising a small claims, consumer claims or consumer and commercial jurisdiction, including the NSW Civil and Administrative Tribunal or the equivalent tribunal in the State or Territory in which you reside; or
  • (iii) the matter is a complaint made to a regulator, ombudsman or external dispute resolution scheme, including the Australian Competition and Consumer Commission, the relevant State or Territory fair trading authority or the Office of the Australian Information Commissioner.

Nothing in this clause 14 prevents you from exercising, or restricts your right to take legal action to enforce, any right you have under the Australian Consumer Law or any other law.

14.2 Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.3 Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

  • (i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • (ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Small Business and Family Enterprise Ombudsman or his or her nominee;
  • (iii) Where the Dispute is with a consumer, The Baller Company Pty Ltd t/a NYA Sport will bear the fees and reasonable expenses of the mediator and the cost of the venue of the mediation. In any other case, the Parties are equally liable for those fees, expenses and costs. The Parties must each pay their own costs associated with the mediation. Payment of a mediator’s fees is not a pre-condition to a consumer commencing proceedings in any court or tribunal;
  • (iv) The mediation will be held in Sydney, Australia, or by telephone or video conference where either Party requests it.

14.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

14.5 Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

The Purchase Services offered by The Baller Company Pty Ltd t/a NYA Sport are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the venue for resolving any dispute shall be in the courts of New South Wales, Australia. This clause does not limit your right, as a consumer, to commence proceedings in a court or tribunal of competent jurisdiction in the State or Territory in which you reside.

16. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. This clause does not exclude the operation of any law of the Commonwealth of Australia or of another State or Territory which applies to the supply and which cannot lawfully be excluded.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

18. Contact us

The Baller Company Pty Ltd t/a NYA Sport, ABN 97 682 404 584. Email: info@nyasport.com. Website: https://nyasport.com/