Fitness Masters Terms & Conditions
ABN 35 229 558 842
1. Quotations.
Quotations are valid for thirty (30) days after which it is subject to change without notice. The prices quoted are based upon the cost and conditions prevailing, at the time of quoting. Fitness Masters will endeavour to supply in accordance with prices and conditions of the quotation, however prices quoted are subject to variation arising from changes of cost up to the time of delivery. All images used throughout the website and quotations are for illustrative purposes only. The specifications are correct at the date of print however be subject to change as necessary without notice.
2. Acceptance.
Fitness Masters shall not be bound by any items and/or conditions by the Buyer which differ from these herein.
3. Australian Goods and Services Tax (GST)
GST is charged on all goods and services at the prevailing rate. GST is expressed as a separate amount on the quote.
4. Orders.
After an order has been accepted by Fitness Masters such order shall not be subject to cancellation without the written consent of Fitness Masters.
5. Transfer of Title.
No property title nor interest in the goods in question shall pass until full payment is received by this company. Should payment be not forthcoming for whatever reason, Fitness Masters retains the right to take whatever action may be necessary to protect its interest, including recovery of the equipment into its possession.
6. Electronic Communications
When you visit Fitness Masters online or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Fitness Masters site.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Fitness Masters may sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under the age of 18 you may only use the online site with the involvement of a parent or guardian. Fitness Masters and its affiliates reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion.
8. Reviews, Comments and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Fitness Masters reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Fitness Masters and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fitness Masters and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fitness Masters or its affiliates for all claims resulting from content you supply. Fitness Masters has the right but not the obligation to monitor and edit or remove any activity or content. Fitness Masters takes no responsibility and assumes no liability for any content posted by you or any third party.
9. Product Descriptions
Fitness Masters and its affiliates attempt to be as accurate as possible. However, Fitness Masters does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Fitness Masters itself is not as described, your sole remedy is to return it in unused condition in its original packaging for a refund of the purchase price. Please ensure you contact us for return authorisation before returning. Many of the images include benches, attachments, weights, barbells, accessories, props, people and other items that may NOT be included unless expressly implied otherwise. If you are not 100% sure about the contents of a specific package, please contact us prior to purchasing for confirmation. All pictures are for illustrations purposes only and may differ to the actual product in some cases
10. Pricing
All our website prices are shown including GST and are quoted in Australian Dollars (AUD). We reserve the right to change our pricing at any time without notice. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as reasonably possible and give you the option of reconfirming your order at the correct price or cancelling it in accordance with ACCC guidelines. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund via the method of original payment.
11. Delivery, Title, Risk of Loss.
- Fitness Masters and the Buyer agree that the title of the products shall not pass to the Buyer until full payment for the purchase price of the products have been received by Fitness Masters.
- If for any reason the Buyer fails to make payment to Fitness Masters for any amount of money due to Fitness Masters or if Fitness Masters has reasonable grounds to believe the products have been or will be destroyed, damaged, endangered or removed from the place of delivery whilst any amount of money is payable to Fitness Masters then without prejudice to any other rights of Fitness Masters. Fitness Masters may resume possession on the products and re-sell them without accounting to the buyer for all proceeds thereof.
- The Buyer shall permit Fitness Masters (or its appointed agent or representative) to enter upon premise occupied by the Buyer at which the products are kept or stored or normally kept or stored to enable Fitness Masters to inspect the products and in accordance with sub-clause (b) hereof to remove the products from such premises. Fitness Masters shall not be liable for any damage or injury to the premises on which the products are stored unless such damage or injury is caused solely by the willful negligence of Fitness Masters, its servant or
- The production of a copy of these Terms and Conditions and or notification of the ability to obtain these Terms and conditions shall constitute and evidence Fitness Masters’s authority to enter any premises on which products are or may be stored at the discretion of Fitness Masters to remove such product thereof.
- Delivery of the products and risk of loss shall pass to the buyer when the products reach the” place of delivery” specified on the Fitness Masters invoice, sales order or delivery
- Subjects to these terms and conditions, every reasonable endeavour will be made by Fitness Masters to have the products ready for delivery on or before the estimated delivery date set out but the readiness for delivery of the products by such date cannot be guaranteed and failure to have ready for delivery by such date shall not avoid or give a right to avoid the contract arising from acceptance by Fitness Masters of Buyers order or render Fitness Masters liable for damages. Without prejudice to the generality of the Fitness Masters shall not be liable for any delays arising from strikes, lockouts, accidents, shortages, of materials or labour, shipping delays, wars, or any causes beyond its control. Claims for damage or shortages must be made immediately upon receipt of products.
- In cases where the Fitness Masters accepts responsibility for the delivery, the Buyer will be responsible for immediate examination of goods after arrival at destination. No claim for goods damaged in transit will be entertained unless made within three (3) days after arrival at destination. Every reasonable endeavour will be made by Fitness Masters to give delivery on or before the estimated delivery date, but delivery by such date cannot be
- Warranties are subject to the individual product warranty conditions. No Warranty claim will be honoured without verification of proof of purchase. Personal photo identification, maybe required to verify proof of purchase where warranty is available only to the original purchaser.
12. Site Policies, Modification and Severability
Please review our other policies, posted on this site. These policies also govern your visit to Fitness Masters. We reserve the right to make changes to our site, policies, Conditions of use, and prices at any time without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
13. Return Policy
Need to return something? No Problem!
We want your experience with Fitness Masters to be as effortless as possible. Therefore, we want you to be completely satisfied with your purchase. If you are not 100% happy with your purchase and wish to return a faulty, incorrect, or damaged item, we will happily exchange your item, for a store credit or another item of equivalent value provided that:
- You return the item within 7 days of purchase
- You produce your original Fitness Masters receipt at the time you return the A refund is only valid to the original purchaser.
- The items is returned either in person at a Fitness Masters store or sent back to us via postal service.
- We do not refund or exchange, simply for “Change of Mind”.
- The item is in resalable condition including that it’s in its original packaging including all instruction manuals and all accessories, tickets/tags, it’s unworn, unopened, and
- The goods are your responsibility until they reach our warehouse, so make sure it’s packed to us properly and can’t get damaged along the way. All costs to send any item back will be at the cost of the purchaser and will not be refunded by Fitness Masters.
The amount refunded will be the amount paid at the time of the purchase.
Make sure you use a postal service who insures you for the value of the items you are returning and obtain proof of posting including all tracking numbers.
Please be aware it does take time to arrive at our warehouse however, we will send you an email once it has been received and your refund has been processed. Once your refund has been processed, depending on your card issuer, please allow up to 10 business days for the refund to show in your account.
Fitness Masters will not except money exchange on any vouchers.
Fitness Masters will inspect all items on return and may elect to return the product to the manufacturer to determine whether a refund or return will be accepted.
Fitness Masters reserve the right not to offer a refund or exchange if the item has been misused or neglected in any way. Upon inspection and where it is deemed to be in acceptable condition and therefore simply a change of mind or the product is not
received in good condition, or packaging is not in original condition or whatever reason Fitness Masters determine that a refund or exchange is not approved. The goods can be returned to the customer at the customer’s cost. All postage and handling costs must be received by Fitness Masters prior to despatch of the goods.
If the customer requires the rejected warranty claim item to be returned, it is at the customer’s cost. Transport cost to be fully paid prior to dispatch of the item.