Terms & Conditions
1. The website
1.1. totalgym.com.au (the “website”) is owned and operated by Brand Developers Aust Pty Limited (ACN 115 139 565) of PO Box 8084, Tarneit, VIC 3029, Australia (“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 and delivery
2.1. These terms apply to any purchases you make, or orders you place, via the website. For the avoidance of doubt, no other terms or offers (including, but not limited to, any promoted, displayed or offered in retail stores or via Live Events or any other pop-up stores) apply to any website order or purchase.
2.2. 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 the delivery to you of 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). You may not revoke an order for goods (unless we agree otherwise).
2.3. Unless we have agreed otherwise, goods will be delivered after you have paid the purchase price in full. 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. If we agree to deliver goods to you prior to receiving full payment of the purchase price, title of the goods will not pass to you until the purchase price has been paid in full.
2.4. We will deliver the goods to the address provided by you when you placed your order. All orders require a signature on delivery. Please ensure that there is someone to accept delivery during working hours. We aim to have your parcel delivered to you within 7 to 14 working days from the date of your confirmed purchase. If you have not received your parcel within 14 working days you may contact us on 1800 222 684 or email firstname.lastname@example.org.
2.5. 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.
2.6. 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 costs we incur in the collection of the debt.
3. Return of Goods
3.1. 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). Where you want to return goods to us, you must firstly notify us within 30 days of receiving the good(s) by email or telephone and obtain from us a Return Merchandise Authorisation Number (“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 to Brand Developers Aust Pty Ltd quoting your RMA on the outside of the package. Our inwards goods and receipts depots are designed to receive courier and postal deliveries only. You must meet the cost of returning all goods, unless we agree otherwise and subject to any other statutory obligations.
b. Goods must be received by Brand Developers in accordance with the terms stated on the RMA. We have no liability in respect to goods received outside the relevant period.
c. 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 may deduct a restocking fee from any purchase price refund. Soiled or damaged goods will be subject to a refurbishment charge or refused as an unacceptable return at our discretion.
d. 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.
3.2. All communications regarding returns are to be made via email: email@example.com or telephone on 1800 222 684.
4.1. 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.
4.2. Unless otherwise stated or agreed (including any express warranties or guarantees we make) all conditions, warranties, representations, liabilities and obligations whether imposed by law or statute, including but not limited to any conditions or warranties as to merchantability, fitness for purpose or correspondence with description are excluded to the maximum extent permitted by law.
5.1. You will, to the maximum extent permitted by law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of:
a. your use of the website; or
b. your use of goods purchased via the website.
5.2. You agree that, to the maximum extent permitted by law, our liability to you (or any third party) relating to your purchase or the use of the goods, must not under any circumstance exceed twice the amount you paid us for the goods.
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 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 or 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 websites 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 1968 (Cth), 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), products 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 Australian Dollars.
11.2. These Terms are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria.
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.