Terms used in this contract
- "Seller" means Orbit Health & Fitness Solutions, which is the seller of the Goods.
- "Buyer" means the purchaser of the Goods.
- "Goods" means the products purchased on this website
Ordering on Website
- If you are under the age of 18 you are not eligible to purchase any "goods" on this website. By accepting these terms and conditions you acknowledge that you are over the age of 18.
- This document consists of the Terms and Conditions together with your offer to purchase the "goods" you have selected constitute the entire contract between the "seller" and the "buyer" and describe your rights and responsibilities. All goods sold by Seller are sold on these conditions. The contract cannot be varied unless the "seller" agrees to vary in writing or email.
- The "seller" reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. By continuing to use www.orbitfitness.com.au website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavor to alert you to any significant changes. Nevertheless, we advise that it is in your best interest to check our published agreement and policies from time to time so that you may acquaint yourself with any amendments at all times.
- 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 (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
- By placing an order of any goods on this Web Site, the Buyer makes an offer to the seller to purchase the goods that the buyer has selected based on these Terms and Conditions. Information contained on this Website constitutes an invitation to treat. No information on this Website constitutes an offer by the seller to supply any goods. However the seller will make every effort to supply product to the buyer.
- Title in the Goods passes to the Buyer on receipt of the Whole of the purchase price by the Seller.
- Confirmation of the buyers order is accepted when they receive an email from the seller confirming shipment of the goods the buyer has ordered.
- A tax invoice will be supplied via email / with the purchased goods upon shipment or collection; however the seller does not formally accept the buyers offer until the buyers sales order had passed the sellers validation procedure for verifying the sincerity of each sales order placed, for the purpose of preventing credit card or ament fraud.
- The "seller" reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion
- If the Seller is unable to process or accept the buyers order after payment is received the seller will contact you by phone or email.
- The Seller may, at its discretion, accept payment of part of the purchase price of the Goods as a deposit on the Goods. If the Seller does so, then there will be a contract between the Buyer and Seller for the sale of the Goods for the purchase price, and the Seller will set aside the Goods pending payment of the balance of the purchase price by the Buyer for a period of 30 days. If the Buyer does not pay the balance of the purchase price Within 30 days, then:
- the contract between the Buyer and the Seller will be at an end;
- the deposit paid by the Buyer will be subject to a 20% re-stocking fee;
- the Seller may sell the Goods to any party.
- The Buyer acknowledges that (subject to clause 8):
- to the extent provided by law, the seller does not warrant that the items are fit for any particular purpose or intended use by the Buyer and the Buyer must be satisfied that the items are so fit;
- prior to the purchase of the goods, the Buyer conducted a thorough research of the goods and has relied solely on that research to purchase the goods;
- the Seller does not exclude, restrict or modify any statutory right that the seller has or statutory liability of the seller which cannot be excluded` restricted or modified except to a limited extent, including rights and liabilities under Part V of The Trade Practices Act, 1974 (Cm) or corresponding state legislation.
- The guarantee of the manufacturer of the Goods (if any) is accepted by the Buyer and is the only guarantee given to the Buyer in respect of the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any Warranty or entitlement to the goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any Warranty or entitlement is assignable.
- To the extent permitted by law and subject only to any express exceptions contained in the Warranty, the seller will not be liable for physical or financial injury, loss or damage of any kind arising out of the supply, installation or operation of the items or the supply of the services or arising out of negligence by the seller or in any way whatsoever.
- If any Goods supplied pursuant to these conditions are supplied to the Buyer as a “consumer” of goods or services Within the meaning of that term in the Trade Practices Act 1974 as amended or similar State legislation the consumer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Trade Practices Act 1974 as amended or similar legislation is so conferred. However, if the Goods are goods not ordinarily acquired for personal, domestic or household use or consumption pursuant to s.68A of the Trade Practices Act and similar provisions of relevant State legislation, the Seller limits its liability to payment of an amount equal to the lowest of:
- the replacement of the Goods or the supply of equivalent goods;
- the repair of the Goods;
- the payment of the cost of replacing the Goods or of acquiring equivalent goods; or the payment of the cost of having the Goods repaired.
- Unless otherwise stated all prices quoted by Seller are net, inclusive of Goods and Services Tax (GST).
- The Seller, in its reasonable discretion that if an item or part of an item is defective, the seller will repair the defect or provide a full refund.
- The contract for sale of the Goods is made in Western Australia and the parties submit all disputes arising between them to the courts of such state or territory and any court competent to hear appeals from those courts of first instance.
- Accessories, display items and other pictures are not included in the price unless otherwise stated.
- If the Buyer is not fully satisfied with the purchase please refer to the Returns & Refund section for details on how to obtain a refund.
- All bonuses and cash backs are by redemption unless otherwise stated
- Credit card surcharges may apply
- The Seller accepts Visa, MasterCard, Diners and Amex. A surcharge may apply to Diners and Amex cards. Once all information required has been received only then will payment processing begin. The seller does not accept credit cards issued by banks outside of Australia.
- The Buyer may be required to provide further identification for additional security reference checks.
- Goods purchased on weekends and Public holidays will be processed on the next business day. (Business days are Mon-Fri, excluding public holidays)
Goods Ordered on Payment Plan
The seller offers a payment plan which is only available instore and not on the website.