GENERAL CONDITIONS FOR USE OF THIS WEBSITE.
In the context of this website, “we”, “our” and “us” means Fit n Fast Australia Pty. Limited and “you” and “your” means you, the user or customer of this website. The use of the term “product” includes the plural “products”. Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this web site you agree to the terms of the Contract of Sale. If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website. We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an "as is" basis and is entirely at your risk.
CHANGES TO TERMS
Because of frequent changes in Internet technology and applicable law we reserve the right to make changes to these Terms and Conditions at any time that technology and legal changes require. You should check these Terms and Conditions regularly for such changes.
CHANGES TO PRODUCTS AND PRICES
We and any other persons involved in the management of this website may make changes in the products and prices described, and to other content of this website, at any time without notice. We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. All depictions contained on the website are for illustration purposes only. Actual products supplied may be of different size and or colour.
The price displayed for products on this website represents the full price, including GST, for the product itself but does not include postage/delivery charges which will depend on the destination and weight. We always seek to provide products at the most competitive prices, and reserve the right to change prices displayed for products on our website at any time.
AUSTRALIAN SALES ONLY
We sell and deliver products ONLY WITHIN Australia. The information on this site is intended and applicable for Australian audiences only and is governed by Australian legislation and regulatory guidelines.
When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website we and you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. We and you agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing. The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence. This website may:
- store one or more cookies in your browser in order to improve service for you on your subsequent visits to this website;
- request your browser to transmit this data back to the web server; or
- request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain.
INTELLECTUAL PROPERTY RIGHTS
Material contained on this web site is protected by copyright. You may use this web site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this web site, without obtaining our prior written consent. Registered trademarks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner. The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this web site and material on it must not in any way infringe the intellectual property rights of any person.
To purchase from us you must establish an account on this website. We retain absolute discretion to refuse to allow an account to be established, to terminate accounts, to remove or edit content where the account has not been kept in accordance with these terms and conditions. It is your responsibility to provide your exact email address, delivery address, billing address and telephone number. Any incorrect information provided may lead to a delay in delivering the product ordered by you or non delivery of the product. You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server for ease of use in processing future orders or for warranty claims. The information is only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website. No credit card details are stored by us.
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.
CONTRACT OF SALE
These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.
You can place an order only by clicking the "Add to Cart" button. When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions. We will issue you with an Order Number by email after we have received your offer to purchase. We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures. We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason. If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.
We only accept payment through PayPal only. Payment will not be processed until we have received all relevant information required for processing to be completed.
We process PayPal payments when you checkout from the product order screen.
The estimated delivery times are in working days Monday to Friday excluding public holidays. Normal delivery is within 2 to 14 working days from the date of payment of your order. We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control. If your product has not arrived within the estimated delivery time, please contact us.
PASSING OF PROPERTY
Property in the product passes to you upon receipt of the product by you.
- Manufacturer’s Warranty - Some product sold by us are serviced and supported by their manufacturer in accordance with its warranty terms.
- Our Warranties - Where a product is damaged through no fault of your own when delivered to you, contact us immediately and we will replace it.
For all product sold we provide warranties and conditions required by law. This means we warrant that the product: is of merchantable quality that is, the product reaches a basic level of quality given the price of the product and any description that is provided with the product is fit for the purpose or job for which it is normally supplied as closely as artwork allows matches any description provided on our website or on labelling or packaging is free from defects and faults. It is also a condition of sale that the product is clear of finance or encumbrances and you will have free title to it. If the product does not fulfil any of these warranties or conditions then you may be entitled to a refund or other compensation from us.
For product advertised and sold with a manufacturer's warranty, it is more efficient if you first contact the manufacturer or their representative for replacement or repair under the warranty terms. If the manufacturer does not comply, or is unable to comply with its warranty, our Customer Service representatives will determine whether the product does, or does not, meet the above warranties and conditions. If not we will, at your discretion
- replace the product,
- have the product repaired or
- issue a refund or credit for the product.
Any claim should be made to us as soon as possible after the identification of the breach of the warranties and conditions. The Fit n Fast Quick Shop Team will consider each claim on its merits on a case by case basis. If the product, before the breach of warranties and conditions are discovered
- has been partially consumed you may be entitled to a refund depending on the circumstances and the extent to which the products have been consumed.
- has had a fair amount of use you may be entitled to a partial refund only or to have the products repaired instead. This will depend on the extent to which the use of the product has affected the fault.
If you contact us more than 30 days after receipt of the product by you the above consumption or use will be assumed to have occurred.
Making a Claim
To make a claim you must:
- provide us with a copy of your tax invoice
- describe accurately the problem you have encountered and provide evidence to support your claim
- state whether you are requesting a replacement, repair, refund or credit
Return of Product
Where the Fit n Fast Quick Shop Team has determined that, on the facts you have provided, a claim should be granted you will be issued with an Authorised Return Number (ARN). We will not accept the return of a product without an ARN. The product must be returned to us within 30 calendar days from the issue date of the ARN. Where possible, the product must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was delivered with the product. We reserve the right to test any returned product, and to ask you to demonstrate that the problem with the product was not your fault. After the product has been returned a final decision on granting the claim will be made by Customer Services. Where upon receipt of the returned product we determine that the product did comply with the warranties and conditions and the condition of the product was misrepresented to us by you, the expense for the return of the product to us and the expense of returning the product to you will be deducted from your account as well as a $30.00 handling and administration fee.
Refunds or credit
Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you. Refunds will be issued by PayPal.
Where a replacement is agreed to after a warranty claim is granted the replacement will be delivered to you at our expense after we have received your returned product. Where a non warranty claim is granted the replacement will be delivered to you at your expense.
We do not provide a refund, credit or exchange if you have:
- changed your mind, decided you no longer want the products or just don't like them, or found that products are the wrong size or colour
- found you can buy the same or similar products elsewhere for a cheaper price
- had a defect drawn to your attention before you purchased products, for example, when products are clearly labelled as seconds or faulty.
RESOLVING YOUR CONCERNS
If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us and we will make every endeavour to resolve your concerns. Our contact details are below and we will respond to your query as soon as possible.