WEBSITE TERMS AND CONDITIONS OF USE
This website is operated by R21 Fitness ABN 57 880 840 025 (“R21 Fitness”, “we” or “us”). Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website (defined below), or purchasing any Product (defined below) you signify that you have read, understood and agree to be bound by these terms and conditions.
If you do not agree with these terms and conditions, you must cease usage of the Website immediately.
1. Welcome to R21 Fitness
- Welcome to https://r21fitness.com/ (the ‘Website‘). The Website outlines our products and services and allows you to purchase various products that have been listed for sale (the ‘Products‘). The Website provides this service by granting you access to the content on the Website to purchase the Products.
- R21 Fitness reserves the right to review and change any of these terms and conditions by updating this page at its sole discretion. Any changes to these terms and conditions take immediate effect from the date of their publication. R21 Fitness cannot vary these terms and conditions and conditions which apply to a given order after that order is accepted by us.
- In order to purchase a Product, you may need to register as a user of the Website. You may be required to provide:
- postal address
- telephone number
- The information you give to R21 Fitness in the course of completing the registration process must be accurate,
- You must ensure that your email address that you provided to us as part of the registration process and password that is used to access our Site and the details of your account is kept in a safe and secure. You are responsible and liable for any person that uses your email address and password to order Product(s) through our Site. You agree to immediately notify R21 Fitness of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Website or purchasing a Product.
3. Your obligations as a user
- You may only use the Website for purposes that are permitted by these terms and conditions and any applicable law;
- you may not use the Website or any Products for any illegal and/or unauthorised;
4. Ordering Products from the Website
- All prices are shown in AUD and include GST as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) unless otherwise indicated.
- You may order a Product through the Website, and you agree to pay the listed purchase price for the Product (the ‘Purchase Price’). These prices are current at the time of publication, however R21 Fitness may change these prices at any time before accepting your order
- When you make an order for a Product, this is an offer by you to purchase the particular Product for the Purchase Price (including the delivery and other charges and applicable taxes) at the time you place the order. Our email acceptance of the order is our indication that we have accepted your offer. Each order that we accept will form a separate contract, in accordance with these terms and conditions.
- We do not guarantee that we will accept your order, and we may accept all, none or part of your order. We reserve the right to reject all or part of your order for any reason. If we need to reject an order, we will use our reasonable efforts to let you know as soon as possible of the rejection and the reason for the rejection.
- You may only use the Products for private, personal and non-commercial use.
- Prior to delivering an order, we may cancel all or any part of an order (even if we have accepted that order) without any liability to you if:
- the Products are not available;
- there is an error in the price or the description of the Product ; or
- that order has been placed in breach of these terms and conditions.
- We will notify you of that cancellation and refund the Purchase Price, provided you are not at fault for the cancellation.
- Delivery of the Products (the Delivery Services) is provided by third party delivery companies (the ‘ Delivery Service Providers’). R21 Fitness is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
- In the event that an item is lost or damaged in the course of the Delivery Services, you must contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available.
- You are liable for all costs for the Delivery Services, including any additional costs levied by the Delivery Service Providers.
6. Returns and refunds
- All returns and refunds are governed by our returns policy, which is available here. In the event of an inconsistency between these terms and conditions and the returns policy, the returns policy shall prevail to the extent of the inconsistency. Nothing in the returns policy overrides the statutory protections provided to you under the Australian Consumer Law.
- You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 14 from the date of purchase (the ‘Warranty Period’).
- In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to R21 Fitness showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to R21 Fitness at by email or through the customer portal.
- Where the Warranty Claim is accepted then R21 Fitness will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour.
- You are solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
- The Warranty shall be the sole and exclusive warranty granted by R21 Fitness and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any Products where the exterior of which has been damaged or defaced, or which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
8. Copyright and Intellectual Property
- R21 Fitness owns the copyright to the content that appears on the Website or it is licensed to us. You may view the Website and its content using your web browser and electronically copy and print hard copies of parts of the Website solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Website is strictly prohibited.
- You must not reproduce any trademarks that are used on the Website.
10. General Disclaimer
- R21 Fitness will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
- You acknowledge that R21 Fitness does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these terms and conditions.
- Nothing in these terms and conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- R21 Fitness will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit
- or opportunity, or damage to goodwill arising out of or in connection with the Website, a Product or these terms and conditions (including as a result of not being able to use a Product or the late supply or non-supply of the Product), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- The content on the Website is provided for general information purposes only. From time to time there may be inaccuracies or other errors. To the maximum extent permitted by applicable laws, content published on or through the Website is provided in good faith on an “as is”, “as available” and “where is” basis. R21 Fitness excludes and disclaims to the maximum extent permitted by law all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law other than as explicitly stated in these terms and conditions.
11. Limitation of Liability
- R21 Fitness’s total liability arising out of or in connection with the Website, a Product or these terms and conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the Purchase Price paid by you for the under these terms and conditions or where you have not paid the Purchase Price, then the total liability of R21 Fitness is the resupply of information or the relevant service (if any) to you.
- R21 Fitness is not responsible or liable in any manner for any site content (including hyperlinks or third party content) posted on the Website.
- Nothing in these terms and conditions excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded, restricted or modified. This includes the Australian Consumer Law which contains guarantees that protect purchases of goods and services in certain circumstances. If any guarantee, term condition or warranty is implied or imposed in relation to these terms and conditions (a Non-Excludable Provision) and R21 Fitness is able to limit your remedy for a breach of such a Non-Excludable Provision then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our sole option: (a) in the case of services, resupply of the services or payment to you of the cost of resupply; and (b) in the case of goods, replace the goods, supply equivalent goods, repair the goods, payment to you for the cost of replacing the goods (or of acquiring equivalent goods), or payment to you for the cost of having the goods repaired.
- These terms and conditions will continue to apply until terminated by either you or by R21 Fitness as set out below.
- You may stop using the Website at any time.
- R21 Fitness may at any time terminate these terms and conditions for convenience with notice to you.
13. Venue and Jurisdiction
- These terms and conditions and your use of the Website are governed by the laws of NSW, Australia. The exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
- If any part of these terms and conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of these terms and conditions shall remain in force.