You should read the terms and conditions set out below before purchasing goods using this Website.
1.1. In these conditions:
‘Seller’ means Nordicfitness.com.au.
‘Customer’ means a customer purchasing Goods using this website.
‘Goods’ means any goods ordered from the Seller by using this website.
‘Terms and Conditions’ means these terms and conditions.
‘Order’ means ordering any Goods using this website under these Terms and Conditions.
1.2. Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
The Terms and Conditions (which shall only be waived in writing signed by the Seller) shall relate to any future order by the Customer and shall prevail over all conditions of the Customer’s order to the extent of any inconsistency.
- Terms of sale
3.1. All Goods and all other products sold by Seller to the Customer are sold on the Terms and Conditions.
3.2. The placement of an Order using this Website acknowledges acceptance of the Terms and Conditions.
The cost of any special packing and packing materials used in relation to the Goods are at the Customer’s expense notwithstanding that such cost may have been omitted from any order.
The Customer waives any claim for shortage of any Goods delivered if a claim in respect for short delivery has not been lodged with the Seller within seven (7) days from the date of receipt of Goods by the Customer.
6.1. It is the Customer’s obligation to enter the correct delivery address details at the time of placing an Order. Should the Customer enter the wrong address, the Seller is not obliged to re-send the Goods to the correct address at the Seller’s expense.
6.2. The delivery times made known to the Customer are estimates only and the Seller will not be liable for late delivery or non-delivery.
6.3. The Customer is responsible for additional charge of $20.00 along with the additional delivery costs if not present at the delivery address at the time of delivery.
6.4. The Seller will not be liable for any loss, damage or delay occasioned to the Customer or its customers arising from late or non-delivery of the Goods.
6.5. The Seller may at its option deliver the Goods to the Customer in any number of instalments.
6.6. If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason:
(a) it is not a repudiation of the contract of sale formed by these conditions; and
(b) the defective instalment is a severable breach that gives rise only to a claim for compensation.
- Loss or damage in transit
9.1. The Seller is not responsible to the Customer or any person claiming through the Customer for any loss or damage to Goods in transit caused by any event of any kind by any person (whether or not the Seller is legally responsible for the person who caused or contributed to that loss or damage).
9.2. The Seller must provide the Customer with such assistance as may be necessary to press claims on carriers so long as the Customer:
(a) has notified the Seller and the carriers in writing immediately after loss or damage is discovered on receipt of Goods; and
(b) lodges a claim for compensation on the carrier within three (3) days of the date of receipt of the Goods.
- Warranty and Limitation of Liability
To the extent that warranties cannot be excluded and to the extent permitted by the law, the Seller’s liability is limited, at the Seller’s option to:
(a) the replacement of the Goods or the supply of equivalent Goods;
(b) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
(c) the payment of the cost of having the Goods repaired.
9.1. Unless otherwise stated all prices quoted by the Seller are inclusive of Goods and Services Tax (GST).
9.2. Prices quoted are those ruling at the date of issue of the Order and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, cost of materials and other charges affecting the cost of production ruling on the date is made.
9.3. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.
9.4. Prices of goods and services and delivery and other charges displayed on this Website are current at the time of display. These prices are subject to variation without notice.
9.5. If the Seller makes any alterations to the price of the Goods or to any of their inputs before acceptance of the Order, these alterations are for the Customer’s account.
9.6. You will be charged in Australian Dollars. Your credit card company will apply appropriate exchange rates once they have received the charge
Payment must be effected in advance by using the ordering and payment facility on this Website.
- Rights in relation to Goods
Risk of loss or damage to the Goods passes to the Customer upon dispatch of the Goods.
- Customer’s property
Any property of the Customer under the Seller’s possession, custody or control is completely at the Customer’s risk as regards loss or damage caused to the property or by it.
- Returned Goods
13.1. The Seller is not under any duty to accept Goods returned by the Customer and will do so only on terms to be agreed in writing in each individual case.
13.2. If the Seller agrees to accept returned Goods from the Customer under sub-clause 13.1 of this clause, the Customer must return the Goods to the Seller at the Seller’s place of business at the Customer’s cost and the Goods must be returned in the same condition as delivered.
- Goods sold
14.1. The Seller will always attempt to be as accurate as possible with product descriptions and pricing.
14.2. However, the Seller does not warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
15.1. The Seller reserves the right not to provide Goods or services, remove or edit content or cancel orders (or part thereof) at its sole discretion at any time.
15.2. Without limiting the operation of any other Terms and Conditions herein, the Seller will not be held liable for loss or damage arising from the exercising of these rights.
15.3. The Customer may not cancel except with consent in writing by the Seller and on terms which will indemnify the Seller against all losses.
- Place of contract
16.1. Any contract for sale of Goods is made in the State of Western Australia.
16.2. The parties submit all disputes arising between them to the courts of the State of Western Australia or the Commonwealth of Australia and any court competent to hear appeals from those courts of first instance.
- Brand Name
The Customer may not re-brand the Goods without the express consent in writing of the Seller
18.1. No data transmission over the Internet can be guaranteed as totally secure. Whilst the Seller will use all reasonable endeavours to protect such information, it does not warrant and cannot ensure the security of any information which the Customer transmits to it.
18.2. Any information which the Customer transmits to the Seller, including credit card details, is transmitted at the Customer’s own risk.
20.1. Copyright in this Website is property of the Seller.
20.2. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of the Seller and third parties.
20.3. This property may only be used for the purposes of browsing this Website and placing Orders with the Seller.
- Virus Warning
Reasonable care is taken to ensure that this Website and data transmissions are free from viruses. However, it is the Customer’s responsibility to scan any such data for viruses.
- Changes to Terms and Conditions
22.1. The Seller reserves the right to amend these Terms and Conditions from time to time.
22.2. Amendments will be effective immediately upon notification on this Website.
22.3. The continued use of the Website following such notification will represent an agreement by the Customer to be bound by the terms and conditions as amended.