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Terms That Make Sense

The North Pole Shoppe - Terms That Make Sense

Effective Date: Upon use of the Websites or Services

Last Updated: Refer to Section 16.1 for update policy

Updates to These Terms

These Terms may be updated from time to time as explained in Section 16.1. We encourage you to check back regularly to stay informed and compliant. The latest version is always available at: https://thenorthpoleshoppe.com.au/terms-of-service/

If you have a valid Distributor Agreement with us, that Agreement takes precedence over these Terms.

Scope of Agreement

This Agreement applies to your use of :

  • Our websites: TearAid Australia®, Lupit Pole Australia, Any Port Freight Service, and The North Pole Shoppe®
  • All related software, networks, and processes
  • The online purchase service operated by The North Pole Shoppe

By browsing these websites or opening an account with The North Pole Shoppe®, you agree to the Terms outline below.

1. Acceptance of Terms 

Please read these Terms of Service ("Terms") carefully before accessing:

These Terms take effect when you:

  • Click an "I Accept" button or checkbox presented with these Terms, or
  • Use any of the Services or Websites

You confirm that:

  • You are legally able to enter into contracts (i.e.not a minor)
  • If agreeing on behalf of an entity, you have authority to bind that entity

1.1 Definitions

  • “US” refers to Australian Pole Fitness Studios Pty Ltd trading as: APFS Group, The North Pole Shoppe®, TearAid Australia®, NPS Online, Ready Money Australia, Lupit Pole Australia, and Any Port Freight Service.
  • “Account” means the personalised account you create on our Website enabling you to order Goods and Services.
  • "Customer Account Group" means the account created by The North Pole Shoppe®.
  • “Agreement” means these Terms, including any Order placed by you through this Website.
  • “Goods” means any products described in an Order, includes packaging.
  • “Intellectual property” includes all rights in patents, copyrights, trade names, trademarks, logos, designs, images (photos, videos, multimedia) and service marks—whether registered or registrable.
  • “Material” means any information or images (including data, source code, drawings) stored on or used in connection with the Websites.
  • “Order” means a request submitted by you to purchase Goods from The North Pole Shoppe® via the Website.
  • “Websites” refers to:

and operated by us.

1.2 Interpretation Notes

- Singular includes plural, and vise versa

- Any gender includes all genders

- References to acts or statutes include any replacements or modifications

- "Person" includes individuals, companies, and associations

- Paragraph headings are for reference only

- All clause references refer to this Agreement unless stated otherwise

- All dollar amounts are in Australian dollars by default

- International customers pay in their own currency and are invoiced accordingly

2. Use of the Websites and Services

2.1 You agree to use the Websites and Services only for lawful purposes and in accordance with these Terms. You must not misuse the Websites, interfere with their operation, or attempt to gain unauthorised access to any part of the Websites, servers, or systems.

2.2 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Websites or Services without express written permission from us.

2.3 We reserve the right to suspend or terminate your access to the Websites or Services if we reasonably believe you have breached these Terms.

3. Account Creation and Management

3.1 To place Orders or access certain Services, you may be required to create an Account. You agree to provide accurate, current, and complete information during registration and to update such information as needed.

3.2. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

3.3. We may, at our discretion, refuse to create an Account, suspend or terminate an existing Account, or restrict access to certain Services.

4. Orders and Payment

4.1 All Orders placed through the Websites are subject to acceptance by us. We reserve the right to refuse or cancel any Order for any reason, including errors in pricing and availability.

4.2 Prices listed on the Websites are in Australian dollars unless otherwise stated. International Customers will be invoiced in their local currency, and exchange rates may apply. "Exchange rates are determined by your payment provider and may vary"

4.3. Payment must be made at the time of placing an Order unless otherwise agreed. We accept payment via approved methods listed on the Websites.

4.4. A valid Distributor Agreement, if applicable, may override certain terms in this section. In such cases, the Distributor Agreement will govern pricing, payment terms, and delivery conditions.

    5. Delivery and Risk

    5.1 We will use reasonable efforts to deliver Goods within the estimated timeframe. However, delivery dates are not guaranteed and may be affected by factors beyond our control.

    5.2 Risk in the Goods passes to you upon delivery. Title to the Goods passes upon full payment.

    5.3. You are responsibile for ensuring that the delivery details provided are accurate and complete. We are not liable for delays or losses resulting from incorrect information.

    6. Returns and Refunds

    6.1 We handle returns and refunds in accordance with Australian Consumer Law. If a product is faulty, damaged, or not as described, you may be entitled to a replacement, repair, or refund. "We aim to make returns fair and fuss-free. If something's off, let us know—we'll sort it".


    6.2 To initiate a return, you must contact us within 14 days of receiving the Goods. We may request photos or further information to assess the claim.


    6.3 Goods must be returned in original condition and packaging unless otherwise agreed. Return shipping costs may be your responsibility unless the item is deemed faulty or incorrect.


    6.4 We reserve the right to refuse returns that do not comply with these conditions or where misuse or damage has occurred after delivery.

        7. Warranties

        7.1 We warrant the Goods supplied will match the description provided on the Websites and be fit for purpose stated, unless otherwise disclosed.

        7.2 Some Goods may carry manufacturer warranties. These are subject to the terms and conditions provided by the manufacturer and may require direct contact with them.

        7.3 Except as required by law, we exclude all warranties, express or implied, including but not limited to merchantability and fitness for a particular purpose.

          8. Intellectual Property

          8.1 All content on the Websites—including text, graphics, logos, images, videos, and software—is the property of APFS Group or its licensors and is protected by copyright, trademark, and other intellectual property laws.

          8.2 You may not reproduce, distribute, modify or create derivative works from any content without our prior written consent.

          8.3 Use of our trademarks, including The North Pole Shoppe®, TearAid Australia®, and Lupit Pole Australia, is strictly prohibited unless expressly authorised.

          9. Limitation of Liability

          9.1 To the extent permitted by law, we exclude all liability for any loss or damage (including indirect, incidental, or consequential loss) arising from your use of the Websites, Services, or Goods.

          9.2 Where liability cannot be excluded, it is limited to the replacement of Goods, supply of equivalent Goods, or refund of the amount paid.

          9.3 We are not liable for delays, disruptions, or failures caused by events beyond our reasonable control, including natural disasters, transport disruptions, or third-party service failures.

          10. Privacy and Data Use

          10.1 We collect, store, and use your personal information in accordance with our Privacy Policy, available at https://thenorthpoleshoppe.com.au/privacy-policy.

          10.2 By using the Websites or Services, you consent to the collection and use of your data as outlined in the Privacy Policy.

          10.3 We take reasonable steps to protect your data but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your Account details.

          11. Third-Party Links and Services

          11.1 Our Websites may contain links to third-party sites or services. These are provided for convenience only and do not imply endorsement or responsibility.

          11.2 We are not liable for the content, accuracy, or practices of any thir-party websites or services. Use them at your own discretion.

          12. Suspension or Termination

          12.1 We may suspend or terminate your access to the Websites or Services at any time, without notice, if you breach these Terms or engage in unlawful or disruptive behaviour.

          12.2 Upon termination, any rights granted to you under these Terms will immediately cease, and we may delete or deacivate your Account.

          13. Changes to Terms

          13.1 We may update these Terms from time to time. Changes will take effect when posted on the Websites.

          13.2 Continued use of the Websites or Services after changes are made constitutes your acceptance of the updated Terms.

          14. Governing Law

          14.1 These Terms are governed by the Laws of Queensland, Australia. Any disputes will be subjetc to the exclusive jurisdiction of the courts in Queensland.

          15. Dispute Resolution

          15.1 If a dispute arises, we encourage you to contact us first to seek a resolution. We aim to resolve issues quickly and fairly.

          15.2 If a resolution cannot be reached, you may pursue the matter through mediation or legal proceedings in accordance with Queensland law.

          16. Contact Us

          16.1 For questions, feedback, or concerns about the Terms or anything else, contact us via:

          Email: clientservices@thenorthpoleshoppe.com.au

          Address: APFS Group, PO Box 536, Garbutt East, QLD, 4814

          Phone: 1800 739 933 (Local Calls Only) or +61 401 081 541 (We're always happy to chat—just keep it civil and spam-free)

          Updated 10 October 2025 

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