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 sales@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.