1.1 The Site is a shopping website where you can browse, select and purchase Products from NC Fitness Gear Pty Ltd ABN 81 161 684 288 (“NC Fitness Gear”, “us” or “we”).
1.2 Your access to and use of the Site, including your orders and purchases of Products through the Site, is governed by these terms and conditions.
1.3 If you place an order for Product(s) through the Site for purchase on lay-by, the terms and conditions set out in the NC Fitness Gear Online Lay-by Agreement will apply to that order and purchase of Products and clauses 5, 7, 8, 9, 10, 11, 12 and 17 of these NC Fitness Gear Online Terms and Conditions will not apply.
2.2 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
2.3 You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.
3. 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. You must be 18 years or older to purchase Products through the Site. NC Fitness Gear reserves the right to refuse service, terminate accounts and/or remove or edit content if NC Fitness Gear, acting reasonably, deems that the customer is acting in breach of these terms and conditions or is using the Site in a fraudulent or improper manner. NC Fitness Gear also reserves the right to otherwise cancel orders in accordance with clause 8.1.
4. PLACING AN ORDER FOR PRODUCTS
4.1 You may purchase Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
4.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges, fees and taxes) at the time you place the order, on the terms and conditions set out in these NC Fitness Gear Online Terms and Conditions or, where relevant, the NC Fitness Gear Online Lay-by Agreement.
4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
4.4 You agree to provide us with current, complete and accurate details in response to requests by us, to you, for information.
4.5 You agree to not resell our products or use any of our product information including images or descriptions of products in any advertising material.
5. ACCEPTANCE OR REJECTION OF AN ORDER
5.1 In certain circumstances, we may need to reject your order, including but not limited to where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
5.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
(a) supply the Products in that order to you in accordance with these terms and conditions and, where relevant, the NC Fitness Gear Online Lay-by Agreement; and
(b) send you an email confirmation of that order – though with the nature of the internet we cannot guarantee receipt. Please add the NC Fitness Gear email address in your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.
5.3 If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5.4 In the interests of all our customers, we may refuse to supply if multiple orders are placed for large quantities of the same product for the same billing or shipping address.
6. RESTRICTED PRODUCTS
6.1 If you are
(a) Under 18 years of age, then you may not use the Site to order a place an order unless:
(i) you have the consent of your parent or guardian; and
(ii) you live in and the Delivery Address for the order is in:
7. DELIVERY OF PRODUCTS
7.1 We will only deliver Products ordered through the Site to a location where we provide delivery services. You may receive multiple deliveries for your order at our choosing. We or our delivery company may need to contact you to arrange a delivery date for certain products.
* We only deliver to addresses in Australia
7.2 You may obtain further information on the Site about our delivery timeframes and how we deliver certain Products. The Delivery Fee for your order depends on the type of Product you order (in particular, the size and weight of the Product).
7.3 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
7.4 An appropriate person must be present to accept the delivery of your order.
7.5 We may require the person accepting the delivery of your order to:
(a) provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
(a) acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order; and
(b) will ensure that, in the case of Restricted Products, the person authorised by you to receive your order is over the required age as prescribed by law or as otherwise set out in these terms and conditions.
7A. PICK UP ORDERS
7A.1 Pick Up Orders must have a minimum order value of at least $10 (after any special offers or promotions).
7A.2 Pick Up Orders is only available from the Hallam, VIC location as shown on the Site. During the ordering process, you need to select pick up option. An estimated collection date will be displayed at the time your order is placed.
7A.3 We will aim to have your order ready for collection on the estimated collection date. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will provide you with notice of such delay as soon as reasonably possible.
7A.4 You agree to comply with certain collection requirements specified below and such other requirements that we notify to you when you place your order through the Site or notified prior to collection:
(a) you must collect your order from the store located in Hallam, VIC for all pick up orders;
(b) photographic identification and a signature, and where relevant, proof of age, may be asked to be provided when you collect your order; and
(c) the NC Fitness Gear email or SMS confirmation or receipt for your order must be shown when you collect your order.
7A.5 If you will not be the person collecting your order then you must nominate your representative who will be collecting your order by providing their details to us at the time your order is placed. Your representative must provide us at the time of collection with proof of their identity (including photographic identification) and, where relevant, age, and the NC Fitness Gear confirmation or receipt for your order. By nominating an alternate person to collect Products for you, you acknowledge and agree that that person is authorised by you to collect your order.
7A.6 You acknowledge that we may record the details of any identification provided in relation to collection of Products.
8. CANCELLING AN ORDER
8.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the Products in that order are not available; or
(b) there is an error in the price or the product description posted on the Site for the Product in that order; or
(c) your order has been placed in breach of these terms and conditions.
8.2 If we cancel any part of an order in accordance with:
(a) Clause 8.1(a) or 8.1(b) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. If any payment has been taken, then the full payment amount, including the delivery fee and any other fees and charges, will be refunded to your original payment method or through an alternative means.
(b) Clause 8.1(c) (where you are in breach of these terms and conditions): we will provide you with reasonable notice of that cancellation. Provided we are not also in breach of these terms and conditions, a cancellation fee of the lesser of $25 or the value of the payments made will apply. Â If any payment has been made in excess of $25, we will refund that excess amount to your original payment method or through an alternative means.
8.3 You may attempt to cancel an unprocessed order (whether it is accepted by us or not) by contacting our Contact Centre on 1300 855 667 during Contact Hours at any time prior to the dispatch of that order. On cancelling the order, we will refund you your payment to your original payment method or through an alternative means. If we cannot stop the shipment of the order at the time of cancellation, then you will be required to pay for the delivery and return delivery for the products in order to receive a balance refund in accordance with the NC Fitness Returns Policy.
9. FEES AND CHARGES
9.1 We will charge you, and you agree to pay the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
9.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
9.3 The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product and we are not obliged to match any prices.
9.4 Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the Site for the Product in that order), once we have accepted your order, we will not change any prices that apply to the Products in that order.
9.5 If you cancel an order then we will refund any amounts paid by you for that cancelled order in accordance with our Cancellation of Order terms (Section 8) and our. Return Policy.
10. PAYMENT METHODS
10.1 You may pay the fees and charges for an accepted order (excluding lay-by orders) with any of the following payment methods:
(iv) Debit cards displaying a Visa or Mastercard logo
(v) Gift Cards
10.2 If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card, Gift Card or PayPal payment) for your order that is accepted by us, then we may cancel your order.
10.3 If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted order.
10.4 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
10.5 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.
11. DAMAGED PRODUCTS AND RETURNS
11.1 The NC Fitness Gear Returns Policy applies to all purchases of Products using the Site and forms part of these terms and conditions. If you suspect that a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us by calling 1300 855 667.
12.1 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
12.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or NC Fitness Gear liabilities under those provisions.
12.3 All items unless stated specifically on the website or agreed upon in writing come with a 14 day warranty.
(a) you acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
(c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
12.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
13.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
13.2 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
14. CHANGES TO THESE TERMS AND CONDITIONS
14.1 For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
14.2 We will not change any terms and conditions for an existing order that has been accepted by us; the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.
15. YOUR PRIVACY
We may collect personal information such as your name, address and contact details, primarily for the purpose of and incidental to selling and promoting our products and services to you in the form of a newsletter.
We may also use you personal information to consider any requests you make of us, for research and analytical purposes, to perform administrative functions and to comply with our legal obligations.
If you do not provide this information in whole or in part, we may not be able to provide you with the newsletter requested, or the services you require.
If you have an enquiry about privacy, you can contact us by email at [email protected] or by telephone on 1300 855 667. Our lines are open Monday to Friday 8:00am to 4:00pm (AEST)..
16.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
16.2 This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
17. RISK OF LOSS
17.1 Risk and title to Product passes to you on the date and time of delivery to the delivery address.
18. PRODUCT DESCRIPTIONS
18.1 NC Fitness Gear attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
19.1 Capitalised terms used are defined in these terms and conditions. In these terms:
19.2 Contact Hours means 8am to 4pm Monday to Friday (Melbourne, Australia time).
19.3 Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
19.4 GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).