Terms and Conditions
Welcome to our Terms and Conditions.
If at anytime you have questions, please contact us via email (firstname.lastname@example.org).
www.beinmotion.life and its associated trademarks are owned and operated by HSC IP Pty Limited (ABN 46 364 853 299) and can be contacted via email (email@example.com) or via post (P.O. Box 141 Cammeray, New South Wales, 2062).
All references to “we”, “us” and “our” shall be deemed to be references to Be In Motion and references to “you” and “your” shall be deemed to be references to persons placing an order via www.beinmotion.life.
The following terms and conditions apply to all use of the Be in Motion website. By placing an order with us you agree to have read, understood and accepted these terms and conditions. Please note, as these may be subject to change at any time without notice, it is your responsibility to check this page prior to any use or purchase. If you have any queries regarding our terms and conditions, please contact us before use or order placement.
- When placing an order, you agree that all details you provide to www.beinmotion.life for the purpose of purchasing goods are accurate and complete in all respects.
- Your contract for purchases made through www.beinmotion.life is with Be In Motion and HSC IP Pty Limited and you confirm that all goods ordered by you are for your own private and domestic use only and are not for resale.
- All orders are subject to product availability and acceptance by Be In Motion
- The price and availability of goods are subject to change without notice.
- Promotional offers, vouchers and codes may not be used on sale products, or in conjunction with any other offer, unless otherwise stated. All offers are subject to availability and may be withdrawn at any time without notice. Any offer of free delivery is limited to a standard delivery service, within Australia only.
- By placing an order via this website, you are making an offer to Be In Motion to purchase the goods detailed in your order upon the terms described, at which point your payment card, ApplePay or Google Pay or Paypal account will be debited.
- You certify that the payment method you are using is your own and that there are sufficient funds in your account to cover payment of the product/s ordered.
- If any product from your order is unavailable, we will contact you by email, then attempt to fulfil your order from the store and confirm details of any cancellation made where fulfilment has not been possible.
We are unable to make amendments to an order after the point of despatch. Should you wish to make any changes prior to despatch, please contact our team via email (firstname.lastname@example.org). It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will have their details passed onto the Police.
Be In Motion reserves the right to terminate our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:
- You breach any of our terms and conditions.
- Requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
- We suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on www.beinmotion.life
- Sale/Offer/discount codes cannot be backdated to prior purchases.
- Sale/Offer/discount codes cannot be added to an order after an order has been placed.
Estimated arrival is the date in product description. Please allow 3 business days for your order to be dispatched.
By placing a pre-order you understand that the estimated date of delivery cannot be guaranteed and that any order with a pre-order item will be shipped together when the pre-order item arrives.
Normal refund and exchange policy is applicable to all pre-order items.
ERROR IN ORDER/S:
We do our best to ensure the correct garments are packed. However, sometimes errors can occur. If there is an error in your order please notify us at email@example.com.
The incorrect garment is required to be sent back and the correct garment will be sent out as soon as the incorrect garment has been received back. Be In Motion will refund the cost of postage to return the incorrect garment.
If a garment is missing from your order/s please notify us at firstname.lastname@example.org
If there is an error in the entered address and the parcel is marked as ‘Return To Sender’, postage will be required to be paid by the customer for the shipment to be sent out a second time.
CONFORMITY OF GOODS:
Every care is taken to ensure that the description, specification and pricing of all products shown on our website and in our catalogues is correct. The product information and specification provided is not binding, but is carefully considered and intended to give a general description of each product.
While the colour reproduction of each product is a close representation, we cannot accept any responsibility for any variation in colour caused by the differences in browser software.
Be In Motion will act immediately to correct any error identified and are under no legal obligation to honour a price displayed in error.
All delivery time-frames stated are estimated and may be subject to change. Please note, for International deliveries, local import duties and charges may apply.
We always aim to pack and despatch your order as quickly as possible. Once it’s ready, we’ll send an email confirming all the details of your delivery including carrier and tracking information
Further information on each of our delivery options:
AUSTRALIAN DISPATCH & DELIVERY:
Dispatch of orders is normally three business days. Some delays may occur during busy periods which include but are not limited to sales, new releases and holidays.
Delivered within 3-7 working days by Australia Post. Please check Australia Post’s website for delivery timeframes during busy periods.
Returns and exchanges will be accepted within 7 days of receipt, where goods are returned in perfect condition and where possible in their original packaging with all tags attached.
You are entitled to a replacement where item(s) have a fault, such as:
- when it is faulty;
- wrongly described; or
- different from a sample shown to you.
We are not required to replace your product if you simply change your mind.
However, if you are not happy with your product, we may, at their discretion, decide to exchange or provide you with a Gift Card, providing the product is returned to us in its original new condition with proof of purchase. Please let us know if you are unsatisfied with a product or the service you have received from us.
Please note that if a garment is returned outside of the 7 day return and exchange window the garment will be returned to the sender at the senders cost.
Sale items CANNOT be exchanged or refunded
To place an order with us online, we request certain information including your name, delivery and email address and payment card details. This information is required to enable us to process your order and notify you of its progress.
Information we use
Once an order has been placed, we will contact you by email to confirm your order details and again once your order has been accepted and dispatched. Should we need to contact you for any reason regarding your order, we will use the email address registered to your account, or the telephone number where provided.
With the exception of feedback requests or assistance with delivery, we will never pass your e-mail address to any other organisation. For the sole purpose of aiding a delivery, your contact details may be shared with the chosen carrier.
To unsubscribe from postal mailing or make amendments to your mailing preferences, please contact us by email at email@example.com
When using our social media tags including #beinmotion, #beinmotiontoday and #beinmotionlife, keep in mind that this information is shared publicly. Therefore, don't give out any information you wouldn't be comfortable with a stranger knowing - this includes your address, phone number, date of birth, email address, bank and credit card details, and place of work.
Your outfits are likely to appear in the following places:
- Home Page - As selected by the Be In Motion team.
- Instagram and Facebook - Users searching for the relevant hashtags will be able to see your post and your profile.
- Instagram & Facebook - On our official account if selected by our team.
- Facebook, Pinterest, Google+ and other social networking sites and search sites.
Want to keep your social media posts private?
If your social media account is set to "private", your posts will not be seen by anyone other than those in your network. If your social media account is public, we recommend that you do not use these tags or you delete them from your post.
Be In Motion takes social media very seriously, any negativity, bullying or defamation may result in legal action.
If you have any queries about the personal information we are holding in your name, please contact our team (firstname.lastname@example.org), who will be more than happy to review your account and update our records as required.
SAFETY & SECURITY:
Our website uses the latest secure server technology to ensure your information is protected to the highest standard, whenever you place an order or access your account information.
Once an order has been placed, we don’t store the details of your payment card. This eliminates the need for merchants, e-commerce sites and operators of mobile wallets to store sensitive payment card data on their networks and reduces the risk of fraud.
We reserve the right to change information, prices, specifications and descriptions of listed goods, products and services. We may modify these Terms & Conditions at any time by posting the Terms & Conditions on our website.
Be In Motion does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation.
To the fullest extent permitted by law and save as provided above, neither Be In Motion nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Be In Motion or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
The limitations of liability in these conditions shall apply equally for the benefit of Be In Motion and any other associated company of Be In Motion as if references to Be In Motion included references to each such associated company.
While Be In Motion uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Be In Motion will not be responsible for any errors or omissions or for the results arising from the use of such information.
While Be In Motion takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, Be In Motion will not be responsible nor liable for your use of any other websites which you may access via links within this website. Be In Motion does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Be In Motion.
The entire liability of Be In Motion under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Be In Motion will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Be In Motion may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Be In Motion.
Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
All rights, including copyright, in the content of the www.beinmotion.life website are owned or controlled by Be In Motion. In accessing www.beinmotion.life, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the www.beinmotion.life website for any other purpose whatsoever without the prior written permission of Be In Motion.
THIRD PARTY INFORMATION:
We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Be In Motion products are those stated on Be In Motion material.
These Terms and Conditions and your use of our website are governed by Australian law and you agree to submit to the non-exclusive jurisdiction of the Australian court. This does not affect your non-excludable statutory rights.
This website and our Terms and Conditions have been designed for use within Australia and under Australian law. Whilst we are happy to consider requests for products and enquiries from outside Australia, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside Australia complies with any applicable non-Australia laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
Be In Motion ℅ HSC IP Pty Limited (46 364 853 299), PO Box 141, Cammeray, New South Wales, Australia 2062
PRIVACY AND SECURITY:
Protecting Your Privacy
At Be In Motion we are committed to protecting your privacy. If you have any questions about how we do this, then email us at email@example.com
How we use your information:
We typically use your personal data in order to fulfil an order you place with us, monitor website activity and for marketing purposes.
In order to provide our services to you, we will share your data with the following types of companies who we have a relationship with:
- Companies who enable us to get your order to you, such as warehouses, delivery companies and payment service providers.
- Professional service providers who help us to run our business, such as website hosts, accountants and marketing agencies.
- Law enforcement, fraud prevention agencies and any relevant regulator where there is a legal duty for us to do so.
- Companies specifically approved by you, such as those you’ve asked to hear from when entering a competition on our website.
They will only process your personal information on our instructions, where there is a business need to do so, and are subject to a duty of confidentiality.
We will not sell any of your personal data to any third parties.
Under data protection law, it is considered a legitimate business interest for us to use our customers’ details for direct marketing. We will therefore send you marketing messages via email to keep you updated with our latest collections and promotions.
We will also send you marketing messages by email, but only if you have given us your permission to do so.
If you would prefer to stop receiving marketing messages from us then you can do this at any time by either contacting us (firstname.lastname@example.org)
Once you’ve done this you will stop receiving marketing messages from Be in Motion. Your request may take a few days to process on our system. You will continue to receive service communications from us, for example order confirmation emails.
If you follow Be In Motion Social Media, such as being a follower of the Be In Motion Instagram account or any future online community group, please note all posts and personal data shared there are also subject to this policy.