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Terms That Make Sense

Welcome to The North Pole Shoppe

We believe terms and conditions should be clear, fair, and easy to read—no corporate jargon, no fine print games. These Terms are here to protect both you and us, and to make sure everything runs smoothly. If something's unclear, we're always happy to chat. 

The North Pole Shoppe - Terms That Make Sense

Effective Date: Upon use of the Websites or Services

Last Updated: 20 September 2025

Updates to These Terms

These Terms may be updated from time to time as explained in Section 13.1. We encourage you to check back regularly to stay informed. 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 any of the following websites:

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

By doing so, you confirm that:

  • You are legally able to enter into contracts (i.e.not a minor)
  • If you're agreeing on behalf of a business or organisation, 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 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, including 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:

—all operated by us.

1.2 Interpretation Notes

- Words in the singular include the plural, and vise versa

- Any reference to gender includes all genders

- References to legislation include any replacements or amendments

- "Person" refers to individuals, companies, and associations

- Paragraph headings are for reference only and do not affect interpretation

- All clause references refer to this Agreement unless stated otherwise

- All dollar amounts are in Australian dollars by default

- International customers pay in their local 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 line with these Terms. Misuse—including interferring with operations or attempting unauthorised access to any part of the Websites, servers, or systems—is stricly prohibited.

2.2 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part 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've breached these Terms.

3. Account Creation and Management

3.1 To place Orders or access certain Services, you may need to create an Account. You agree to provide accurate, current, and complete information during registration—and to keep it updated.

3.2. You're responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs 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 specific Services.

4. Orders and Payment

4.1 All Orders placed through our Websites are subject to acceptance. We reserve the right to refuse or cancel any Order for any reason—including errors in pricing, availability, or other unforseen issues.

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. If you have a valid Distributor Agreement, it may override certain terms in this section. In such cases, the Distributor Agreement governs pricing, payment terms, and delivery conditions.

    5. Delivery and Risk

    5.1 We'll make every reasonable effort to deliver Goods within the estimated timeframe. That said, delivery dates aren't guaranteed and may be affected by factors beyond our control.

    5.2 Risk in the Goods passes to you upon delivery. Ownership (title) transfers once full payment has been received.

    5.3. You're responsibile for ensuring that your delivery details are accurate and complete. We're not liable for delays or losses caused by incorrect or incomplete information.

    5. 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, contact us within 14 days of receiving the Goods. We may request photos or additional 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 retuns that don't meet these conditions or where misuse or damage has occurred after delivery.

        7. Warranties

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

        Beyond the warranty, we offer something more.

        When you purchase from us, you're not just buying a product—you're entering a long-term realtionship built of trust and transparency. If something's not quite right, we'll work with you to make it right. Quietly, thoroughly, and without the runaround. It's not a policy—it's a promise.

          8. Intellectual Property

          8.1 All content on our 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 one of the following (at our discretion): replacement of the Goods, supply of equivalent Goods, or refund of the amount paid.

          9.3 We'ree 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.

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

          10.3 We take reasonable steps to protect your data, but we can't guarantee absolute security. You're responsible for keeping your Account details confidential and secure.

          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're not liable for the content, accuracy, or practices of any third-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 take effect once 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 subject 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. We aim to resolve issues quickly, fairly, and with as little fuss as possible.

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

          16. Entire Agreement

          16.1 These Terms, along with any Distributor Agreements, Privacy Policies, and other referenced doucments, represent the entire agreement between you and us regarding your use of our Websites and services.

          16.2 If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force. 

          17. Contact Us

          17.1 For questions, feedback, or concerns about these 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 (Within Australia) or +61 401 081 541 (Outside Australia)

          We're always happy to chat—just keep it civil and spam-free

          These Terms were built with care, not copied from a template. Because you—and your time—deserve better.

          !