EQUIPMENT TERMS AND CONDITIONS

FITILLION – EQUIPMENT TERMS AND CONDITIONS

1 Acceptance

1. This website (Site) is operated by Fitbeat Home Pty Ltd (we, our or us).
2. By ordering our products, you agree to these terms and conditions (Terms).
3. You must not place an order for products through the Site unless you are at least 18 years old and capable of entering into a binding contract for the purchase of products.
4. You may purchase products from us without an account or you may choose to create an account with us. It is your responsibility to keep your account details confidential and you are liable for all activity on your account, including purchases made using your account details.
5. When you make a purchase, you will be asked to input contact information such as your name, shipping address, billing address and payment details. All personal information that you give to us will be treated in accordance with our Privacy Policy available on the Site.

2 Orders

1. Any order for products placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
2. You may purchase our products with or without a Fitillion membership however certain products may have limited use without a Fitillion membership. You may also purchase our products in a bundle with a membership as set out on the Site.
3. We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
4. Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
5. It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
6. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.
7. Please be aware that some of the products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering products for children under 18 years old.
8. You must not purchase our products for resale or onsale or for any commercial purposes. If we suspect that you may breach this obligation, we may refuse to process or cancel your order.

3 Pre-order/backorder

1. We may offer you the opportunity to purchase products which are not yet ready to be shipped or which are temporarily out of stock by you paying at the time of the order either the price in full or a deposit. If you have paid a deposit, you must make pay the balance of the price when the order is ready to be shipped or pay in accordance with the terms of your financing contract if applicable. You cannot cancel a pre-order or backorder without our consent and you acknowledge that there may be some delay in the shipping of orders which have been purchased on pre-order or backorder.

4 Price and payments

1. You must pay us the purchase price of each product or service you order plus any applicable taxes or shipping costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. The Price will be displayed in the currency of your billing location, or, if we do not accept payments in that currency, in US dollars. We will display any shipping costs, GST or sales or customs tax payable by you at the time you order separately to the purchase price.
2. Where you order the products for delivery outside Australia, we try to deliver the products with duty paid (DDP) however this is not always possible so you may need to pay custom charges or taxes in addition to the Price upon delivery. We will notify of you this on the Site at checkout.
3. You must pay the Price using the payment options on the Site. Purchases through our third party payment processors may require you to agree to the terms and conditions of the payment processor prior to you making payment.
4. Where you elect to enter into a buy now pay later or other financing arrangement in purchasing the products, you will be required to accept the terms of the relevant financing third party which will be provided to you separately. You agree and acknowledge that any breach of the financing terms may be considered a breach of these Terms to the extent permitted by law.
5. If you have a Fitillion studio gym membership, we may offer you a discount on products purchased from us. In order to benefit from any discount, you must enter your Fitillion membership email address and, if applicable, a coupon will be automatically applied to your purchase.

5 Availability and cancellation

1. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
2. We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order and we will refund you the full Price for the affected products.

6 Delivery, title and risk

1. If possible we will deliver the products to the delivery address you provide when making your order via our third party shipping partners. If you are not in our delivery area please contact us to discuss delivery options.
2. We will deliver to the shipping address which you provide at the time of submitting your order. If you need to change your shipping address, please contact as soon as possible. We cannot guarantee that we will be able to change the shipping address and we will not be responsible we are unable to deliver to your new shipping address.
3. Shipping costs are set out on the Site and may depend on the shipping option you choose.
4. Any delivery periods displayed on the Site are estimates only, based on the information provided by the shipping company.
5. The shipping company may contact you by SMS or email before delivery to provide you with different delivery options, including an authority to leave the products at the delivery address, delivery to a collection point or post office or delivery at a particular time. It is your responsibility to choose a delivery option which protects your products and we will have no Liability if you choose to have the products left at the delivery address when you are not present. If you are not present at the delivery address at the expected delivery time, you will be responsible for the costs of re-delivery of the products by the shipping company.
6. Title to the products will remain with us until the Price has been paid to us in full in accordance with the Terms. Risk in the products will pass to you as soon as the products are delivered to the delivery address you provided in your order or left at your nearest post office.

7 Additional services

1. We may offer installation, configuration and training services in connection with the products as described on the Site. The terms and conditions and any payment terms applicable to these services will be set out on the Site.

8 Product warranties and manuals

1. Our products come with the warranties that are set out on our Site (which may be updated from time to time). These warranties are in addition to any rights you might have under the Australian Consumer Law.
2. We provide digital user manuals for certain products, available through the QR code on the product packaging or on our Site. In the user manuals, products may have warnings such to pack away the equipment properly after use, to not allow underage or individuals unsuited to use the equipment, to not use the products while injured and similar recommendations. We recommend you read the relevant user manual carefully before using the product.
3. Certain products require a good quality internet connection which you must arrange for yourself.
4. The use of certain products with inbuilt software will require you to agree to our Platform terms and conditions, available on the Site before you can access and use the software.

9 Returns and Consumer Law

1. We do not accept returns for change of mind or other circumstances.
2. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law or any other relevant consumer law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law.
3. Where you return the products to us to seek an Australian Consumer Law remedy, in most cases, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

10 Limitations

1. Nothing in this clause attempts to exclude, limit or modify your rights which cannot be excluded, limited or modified under the Australian Consumer Law or any other relevant consumer law.
2. Despite anything to the contrary, to the maximum extent permitted by law:
   1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you or on your behalf to us for the products the subject of the relevant claim; and
   2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

   whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

3. Despite anything to the contrary, to the maximum extent permitted by law (and without excluding or limiting in any way your rights under the Australian Consumer Law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
   1. loss of, or damage to, the products, or any injury or loss to any person;
   2. delay in providing the products; or
   3. breach of the Terms or any law,
      where caused or contributed to by any:
   4. event or circumstance beyond our reasonable control; or
   5. act or omission of you or your related parties,

   and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products. In particular, certain products may provide recommendations to you based on information you input or based on your characteristics while using the product. These recommendations are not medical diagnosis or advice and you may need to consult your medical adviser prior to using the recommendations. We cannot guarantee that following any recommendations given by products will produce any desired result or guarantee you to reach a particular goal.

11 General

1. Intellectual Property: We own or licence or all intellectual property rights in our Site and in our products. Nothing in these Terms transfers you the rights in our intellectual property or that of our licensors. We grant you a limited, non sublicensable, non transferrable (and in the case of the Site, revocable) right to view the Site and to use the products as intended. You agree not to copy, reproduce, duplicate, sell, exploit or disseminate our intellectual property without our written permission.
2. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
3. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
4. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
5. Governing law: These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts in New South Wales, Australia.

For any questions and notices, please email us at:

Fitbeat Home Pty Ltd
[email protected]
Last update: 8 November 2021