Terms & Conditions
1. The Website
1.1. www.totalgym.com.au (the “website”) is owned and operated Brand Developers Limited of PO Box 33604, Takapuna, Auckland 0740, New Zealand (“we”, “us” and “our”). [Please note that no returned goods should be sent to this address. Please see paragraph 3 below for Return of Goods instructions.]
1.3.We reserve the right to amend the Terms from time to time. Amendments will be effective upon upload to this website. Please check these Terms every time you use our site, to ensure you understand the terms that apply at that time, as your continued use of the website following such notification will represent an agreement by you to be bound by the Terms as amended.
2. Contract, Payment and Delivery
2.1. A contract for the sale and purchase of goods will only be formed with you if we, at our discretion, accept an order for goods from you. Acceptance will be by way of us dispatching for delivery from our facility to you, the goods that you ordered. We may at our discretion reject an order for goods (in which case we will refund any amounts paid by you in respect of those goods). If goods are rejected by the customer amounts paid by the customer will be refunded less processing and handling.
2.2.Unless we have agreed with you otherwise, goods will be delivered after you have paid the purchase price in full or the ‘Risk Free Trial’ price. If we agree with you that payment will be made by way of periodic instalments, the goods will be delivered after you have paid the first instalment of the purchase price.
2.3. We will deliver the goods to the address agreed upon when you placed your order and at a time determined by us. We will endeavour to agree with you a suitable time period during which the delivery will be made.
Due to delays caused by COVID-19 lockdown circumstances, please allow up to 2 weeks for delivery.2.4. If we have agreed with you that payment will be made by way of periodic instalments, then you must make the periodic payments as and when due.
2.5.Should you fail to remedy overdue payments, all current and future debt becomes due and payable. We reserve the right to send the full amount of all debt to a collection agency or list as a default with a credit reporting agency. You will be liable for any reasonable enforcement costs incurred by us and passed on to you in the collection of the debt.
3. Return of Goods
3.1.Unless purchased at a clearance rate (60% or more off the full price), our goods are sold subject to a 30-day money-back guarantee (and in some cases, an additional money back guarantee period or ‘Risk Free Trial’ period may be agreed with you). If your purchase is subject to our 30 day money back guarantee and you wish to return your goods to us, you must firstly notify us within 30 days of receiving the product(s) by email at email@example.com and obtain from us a Return Merchandise Authorisation Number (RMA). When returning the goods, you must quote your RMA. In addition, the following conditions apply to the return of all goods:
(a) All goods must be returned to us by traceable delivery service and quoting your Return Merchandise Authorisation Number (RMA) on the outside of every package being returned to us. Customers should note that our inwards goods and receipts depots are designed to receive courier and postal deliveries only.
Please note: do not write RMA on original product packaging.
You must meet the costs of returning all goods unless we agree otherwise and subject to any other statutory obligations. Goods must be received by Brand Developers within the prevailing terms and conditions of the Returns Merchandise Authorisation number (RMA). We will have no liability in respect to goods received outside the relevant period.
Please note: your RMA is NOT your Product Order Number.
(b) Goods must be returned fully disassembled and in a clean and as-new condition in their original packaging. Where goods are returned in damaged packaging or showing signs of excessive use, we will pass on to you any reasonable costs we incur in remedying the goods to a clean and as-new condition by deducting these costs from any purchase price refund. Soiled or damaged goods will be refused as an unacceptable return at our discretion subject to your rights under the Consumer Guarantees Act.
(c) All items detailed on the invoice we provide to you must be returned if a refund is requested, together with any ‘free’ gifts or ‘specials’ included with the invoiced goods, unless advertised otherwise.
(d) If you are sending more than one package back to us the RMA must be on the outside of every package sent.
(e) Any request for an exchange of goods is at our discretion.
(f) Refunds are limited to the purchase price paid for the goods. No refunds will be given for postage, delivery costs or insurance charges incurred by us and passed onto you (unless advertised otherwise).
3.2. Upon receipt of goods returned in accordance with clause 3.1 we will provide a refund of the purchase price only or alternatively, we may consider (but are not obliged to) exchanging the goods if you so request.
4. Damaged Goods
4.1. Risk of loss or damage to the goods passes to you upon delivery. If the goods have been damaged while in your care for reasons not related to their state or condition when we delivered them to you, we do not have to accept any liability in relation to the goods and will be under no obligation to replace the goods or refund any amount already paid by you for the goods.
5. Limitation of Liability and Jurisdiction
5.1. Legislation such as the Consumer Guarantees Act 1993 may apply to these Terms and Conditions warranties, or conditions or impose obligations which cannot be excluded, restricted or modified and we will comply with such warranties, conditions or obligations.
5.2.All other conditions, warranties, representations, liabilities, and obligations, whether implied or imposed by statute, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description are excluded to the extent permitted by law.
5.3. In the event that we breach our obligation referred to in clause 5.1, to the extent allowed by law, our liability is limited to any one or more of the following, at our election:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
5.4. Subject to the terms of any warranty statement that was included with the purchase of your goods, our total liability under these Terms & Conditions is, to the extent permitted by law, expressed in this clause 5 and we will under no circumstances be liable to you for any loss, damage, liability, expense or cost (whether direct or indirect) incurred by you or any other party resulting directly or indirectly out of the supply by us to you or out of any breach by us of these Terms and Conditions or out of our negligence. In no case should said liabilities exceed the purchase price.
5.5. Nothing in these Terms and Conditions shall exclude or modify any conditional warranty implied by law where to do so would render these Terms and Conditions void.
5.6. These Terms and Conditions are governed by, and will be construed in accordance with, the laws of New Zealand.
6.1. Except as required by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:
a. your use of this website;
b. any loss arising out of your use of, reliance on or failure to act, on any information contained on or accessed through this website;
c. errors, mistakes or omissions on this website;
d. goods or services supplied pursuant to an order placed on this website; and/or
e. any failure or omission on our part to comply with our obligations as set out in the Terms.
6.2. Our liability to you for loss or damage of any kind arising out of these Terms, or your purchase or use of any goods or product will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
6.3. This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
7. Specific Warnings
7.1. You must ensure that your access and use of this website is not illegal or prohibited by laws which apply to you.
7.2. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website.
7.3. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions of data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
7.4. We do not accept any responsibility for malfunctions to computer systems, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.
8. Restricted Use
8.1. You are provided with access to this website only for your personal and non-commercial use.
8.2. You may not interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects the availability of its resources to others.
8.3. You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.
9. Linked Website and Cookies
9.1. This website may contain third party advertisements and links to other websites, including websites operated by third parties (“linked websites”). We are not responsible for the content or privacy practices associated with linked websites or third party advertisements.
10. Intellectual Property
10.1. Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1994, and except as expressly authorised by the Terms, you may not in any form or by any means:
a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
b. commercialise any information (including but not limited to images, text, videos or sound recordings), goods or services obtained from any part of this website, without our prior written permission.
10.2. You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner.
11.1. All prices on the website are quoted in New Zealand Dollars.
11.2. These Terms are governed by the laws in force in New Zealand. You agree to submit to the exclusive jurisdiction of the courts in New Zealand.
11.3. We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control.
11.4. If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
11.5.Due to continued product enhancements, product image may differ slightly from product purchased
12. Online Discount and Promotional Offers
12.1. Online Discount and Promotional Offers are only valid during the period of sale stated on the site (subject to availability). Discounts cannot be used in conjunction with any other discount or promotion or be applied retrospectively.
12.2. Online Discount and Promotional Offers are only valid on www.totalgym.co.nz
12.3. All prices are as shown on the site. Discounts have already been calculated and reflected in the ‘Was’ price.
12.4. All sale items reduced prior to Promotional events will not receive any further discounting.
12.5. Discounts may vary depending on the payment terms agreed with Total Gym Fit for call-in products.
12.6. Total Gym Fit reserves the right to amend these Terms and Conditions and/or cancel Online Discount and Promotional Sales at its sole discretion.