TERMS AND CONDITIONS

Welcome to the Gym and Fitness website (the "Site"). Australian Fitness Supplies, trading as Gym and Fitness ("Gym and Fitness", "GAF", "we", "us", "our"), provides services to you subject to the notices, terms, and conditions outlined in this Agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

 

PRIVACY

Please review our Privacy Notice, which also governs your visit to the Gym and Fitness Site, to understand our practices.

 

PROMOTIONAL OFFERS AND COUPON CODES

When redeeming a promotional code, please click the appropriate link to read specific promotion details if required.

These terms and conditions apply to those promotions where you must redeem a promotional code or voucher as part of the offer.

    1. The promotional code is valid for a limited time only.
    2. Each promotional code can be used only once per person unless otherwise specified.
    3. The promotional code does not apply to already discounted items.
    4. The promotional code can not be used with certain financing options unless otherwise stated.
    5. Promotional codes can not be added after an order is placed.
    6. Voucher codes can not be redeemed for shipping.
    7. The promotion is subject to all restrictions outlined in the offer.
    8. If the promotion has a minimum purchase requirement, taxes and shipping charges do not apply toward the minimum purchase amount.
    9. Promotional codes are not transferable, may not be resold or redeemed for cash.
    10. If you return items purchased using a promotional code, we will subtract the value of the promotional code from your return credit.
    11. Only one promotional code can be used each time and therefore cannot be combined with other offers using a promotional code.
    12. Gym and Fitness reserves the right to void the transactions where prohibited.
    13. If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional code discount will not apply. Gym and Fitness reserves the right to update these terms and conditions without prior notice.

 

SAME DAY DISPATCH

For T&Cs regarding our Same Day Dispatch promise, please view our Brand Promises.

 

FREE SHIPPING

Please Click Here to review our Free Shipping T&Cs.

 

CHANGE OF MIND

For T&Cs regarding our 14-Day Change of Mind promise, please view our Brand Promises.

 

REFUNDS AND RETURNS

If you have purchased a product with us that is faulty or does not meet one or more consumer guarantees, you are entitled to a refund or repair. Please refer to our Warranty Information page for more information.

 

ELECTRONIC COMMUNICATIONS

Visiting the Site or sending emails to Gym and Fitness constitutes electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gym and Fitness or its content suppliers and protected by international copyright laws. The collection of all content on this Site is the exclusive property of Gym and Fitness and protected by international copyright laws. All software used on this Site is the property of Gym and Fitness Site or its software suppliers and protected by international copyright laws.

 

LICENSE AND SITE ACCESS

Gym and Fitness Site grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gym and Fitness Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gym and Fitness Site. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gym and Fitness Site and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Gym and Fitness Site's name or trademarks without the express written consent of Gym and Fitness Site. Any unauthorised use terminates the permission or license granted by Gym and Fitness Site.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gym and Fitness Site so long as the link does not portray Gym and Fitness Site, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gym and Fitness Site logo or other proprietary graphic or trademark as part of the link without express written permission.

 

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Gym and Fitness Site does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Gym and Fitness Site only with the involvement of a parent or guardian. Gym and Fitness Site and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, 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, a commercial solicitation.

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Gym and Fitness Site 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 Gym and Fitness Site 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 Gym and Fitness Site 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. 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 Gym and Fitness Site or its affiliates for all claims resulting from content you supply. Gym and Fitness Site has the right but not the obligation to monitor and edit or remove any activity or content. Gym and Fitness Site takes no responsibility and assumes no liability for any content posted by you or any third party.

 

COPYRIGHT COMPLAINTS

Gym and Fitness Site and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.

 

RISK OF LOSS

All items purchased from Gym and Fitness Site are made according to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRICING

All our website prices are shown, including GST and are 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 with 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 original payment.

 

PRODUCT DESCRIPTIONS

Gym and Fitness Site and its affiliates attempt to be as accurate as possible. However, Gym and Fitness Site does not warrant that this Site's product descriptions or other content are accurate, complete, reliable, current, or error-free. If a product offered by Gym and Fitness Site 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 images include benches, attachments, weights, barbells, 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.

 

THIRD-PARTY BUSINESSES

Parties other than Gym and Fitness Site and its subsidiaries operate stores, provide services, or sell product lines on this Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or their websites' content. Gym and Fitness Site does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY GYM AND FITNESS ON AN "AS IS" AND "AS AVAILABLE" BASIS. GYM AND FITNESS SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GYM AND FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GYM AND FITNESS Site DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM GYM AND FITNESS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GYM AND FITNESS Site WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

APPLICABLE LAW

By visiting Gym and Fitness Site, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gym and Fitness Site or its affiliates.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this Site. These policies also govern your visit to Gym and Fitness Site. 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 are 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.

 

GIFT CERTIFICATES

Unless otherwise stated, all Gift Certificates have an expiry date of 3 years from the issue date.