TERMS AND CONDITIONS

TERMS AND CONDITIONS

The Terms and Conditions below govern your use of the www.worldfitness.com.au online shop and your relationship with World Fitness Australia (WFA) Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the WFA online shop. Please note that to use any of the services provided on the WFA online shop, you are required to register as an authorised user on the site.

Registration:

To register with the WFA online shop you must be over 18  years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. WFA 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 WFA Online Store only with involvement of a parent or guardian. WFA Online Store and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Electronic Communications:

When you open an account with WFA or send emails 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 this 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.

Password & Security:

When you register to use the WFA online shop you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services Hello@worldfitness.com.au immediately.

Intellectual Property:

The content of the WFA online shop is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the WFA online shop on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the WFA on online shop without written permission from WFA No licence is granted to you in these Terms and Conditions to use any trade mark of WFA including, without limitation.

Risk of loss:

All items purchased from WFA are made pursuant to a shipment contract. This means that the risk of loss and and or damage is passed to you upon our delivery to the carrier.

Limitations:

You may not use the WFA online shop for any of the following purposes: 

• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• Gaining unauthorised access to other computer systems
• Interfering with any other person's use or enjoyment of the WFA site
• Breaching any laws concerning the use of public telecommunications networks
• Interfering or disrupting networks or web sites connected to the WFA site
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

• Any claim by any third party that the use of the WFA online shop by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• Any claim by any third party that the use of the WFA online shop by you infringes that third party's copyright or other intellectual property rights of whatever nature; and any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the WFA online shop by you.

Transportation:

• Goods will be dispatched within 48 hours after payment is cleared (Except weekend or public holiday)
• Transport Insurance is optional, receivers should contact us for Insurance fees which is 5% of the Total price of the products.
• WFA packs all products carefully to prevent damage during shipping. However, damage may still occur occasionally. Receiver must inspect the packaging and the products carefully upon receiving them, then accept the shipment and notate any damages and irregularities, such as crushed, torn, punctured, missing or broken parts on both the packaging and the product, on the freight bill or receipt at the driver's presence. Receiver must retain all cartons, packing materials, and damaged products for the carrier's damage inspector to inspect. Do not refuse shipment or return it without approval, because the buyer's right to make a damage claim may be denied. A signed receipt without any notation indemnified the carrier as well as WFA from any further damage claims. Discovery of damages after a clear delivery becomes the responsibility of the customer.
• All damages must be notified to the carrier and the dealer within 24 hours. In cases of damage with proper notation on receipt, the carrier will determine whether to pay for repair cost or replacement value of the damaged goods after damage inspection. Replacement value is the amount the buyer paid to the distributor and is not negotiable. All disputes about the settlement amount should be addressed with the carrier. World Fitness Australia, under no circumstances, shall be liable for the damaged product or for subsequent settlement of the claim with the carrier.

Competitor Price Beaten Guarantee Conditions

• A copy of the competitor’s advertisement or written proof satisfactory to WFA of the offer made in the competitor’s advertisement or current in-store price must be provided with proof satisfactory to WFA.
• Where a bonus offer is included, the price beat will only apply to a like for like product.
• The competitor’s offer must be valid and current at the time a price beat is sought.
• This offer applies only to prices advertised in newspapers or printed media or in-store. Excludes written competitor quotations or online/internet prices.
• The compared items must be identical (Brand / Model / Colour).
• The competitor must have the product in stock and available for sale at the time a price beat is sought.
• The competitor’s price must be genuine.
• The competitor's store must be within 100km of an WFA store - Regional competitors pricing will be taken into consideration including cost of freight from that store to the customer.
• Should the competitor advertisement have a typographical error, the price will not be honoured. For Example a Treadmill was advertised for $109 when it was supposed to be $1099.
• Price beats do not apply to rental items.
• World Fitness Australia reserves the right to withdraw this offer at any time without notice.
• Wherever our "We won't be beaten on price Guarantee" icon is advertised or used throughout this website or any of our advertising, these conditions are applicable.

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.

PROMOTIONS AND SALES TERMS AND CONDITIONS

1. Acceptance. By using or attempting to use the redemption code for an offer, you agree to accept and be bound by these terms and conditions.
   2.   Offer Period. Promotions are only available for a limited time only, for as long as it is advertised on worldfitness.com.au. WORLD FITNESS AUSTRALIA has the right to cancel or change any promotion at any time without notice and in its sole discretion.
   3.   Conditions. Promotions are not valid for cash or cash equivalent. Promotions cannot be applied to previous purchases nor combined with any other offers or discounts including price matching of any other retailer.
   Promotions may not be combined with any other offers unless explicitly noted. Promotions will not always be replicated in-store. Qualifying promotion amount applies to merchandise only, excluding Gift Cards and shipping and handling charges (unless otherwise stated).
   4.   Offers are non-transferable. All monetary amounts specified in these terms and conditions are in Australian dollars (AUD). Promotions may be subject to availability.
   5.   'Excluded Items' means sale items and electronic Gift Cards unless otherwise stated.
   6.   Redemption. To redeem an offer during an Offer Period, enter the advertised redemption code into the promo code box during the checkout process or purchase using auto-applied code. A coupon code cannot be used in conjunction with any other offer. You can only use the redemption code once unless otherwise stated.
   7.   Shipping. (6.1) Items will only be shipped to addresses within Australia. (6.2) It is the responsibility of the customer to ensure postal details are correct. If you are not available to accept the parcel it will be delivered to your nearest postal facility. It is the customers responsibility to arrange collection within 10 working days. Redelivery of the order will be charged at the customers expense.
   8.   Returns. Returns and exchanges are subject to WORLD FITNESS AUSTRALIA return policy. If you return or seek a refund on any item purchased using a promotional offer, the value of the discount will not be refunded to you. Gift Cards or clearance items are not eligible for refund.
   9.   Changes. WORLD FITNESS AUSTRALIA reserves the right to vary the terms and conditions of the offer by the company’s own discretion.
   10.Offers: (9.1) From time to time we may run promotions on our website which are subject to both these Terms and any additional promotion-specific Terms which are incorporated into these Terms by reference. You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the Terms of the applicable promotion(s).
   11.(9.2) Purchases made during a promotional period do not qualify for change of mind refunds or free returns under the company T&Cs. This does not affect your statutory rights.

Change Of Mind: CANCELLATIONS, RETURNS OR REFUNDS

We are not required to provide a refund or replacement if you change your mind.

We do not accept returns or refunds due to change of mind. On rare occasions, if a change of mind request is approved.

However, if an order is to be cancelled due to change of mind prior dispatch (include Pre Order sales), there is a admin fee. The fee is approximately 5% for the value of the order.  

Please note, once an order is placed, it cannot be cancelled or altered. To provide you with the best possible service, your order will be processed moments after it is placed through our automated warehouse dispatch system.

This automated system does not allow any changes to the order once processed by customer.

Once payment is confirmed, your order will leave our warehouse within 1-3 business days. You will receive an email notification from us when your order leaves the warehouse.

** Please note that Saturday, Sunday and public holidays are not considered as business days.

If World Fitness agrees to a change of mind once you have received the goods, and the item has not been used or installed within 10 days of receiving and is in the original shipping carton, you are welcome to return the item, return shipping shall be covered by the customer. There will be an up-to 30% - 40% restocking once the item is returned and inspected. If any damage is found then the restocking fee may increase to a maximum of 50%. If the product is open partly/completely you will be required to securely repack and ship back to WFA. You will receive a refund less the shipping cost to you.

You will be notified of this restocking fee once the inspection has been completed.

In either case, shipping and handling fees are not refundable.

Note: Purchases made during the promotional period do not qualify for change of mind refunds or free returns under the company T&C's.

Promotional Codes are limited to one per transaction and do not apply to Shipping.