Terms and Conditions
Gym and Fitness Online Store and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Gym and Fitness Online Store, you accept these conditions. Please read them carefully. In addition, when you use any current or future Gym and Fitness Online Store service or visit or purchase from any business affiliated with Gym and Fitness Online Store, whether or not included in the Gym and Fitness Online Store Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
Please review our Privacy Notice, which also governs your visit to Gym and Fitness Online Store, to understand our practices.
14 DAY CHANGE OF MIND POLICY
- Only applicable for Assault Fitness, FreeForm, Force USA, Monster Fitness, Vortex, VersaFit, & Liberty Fitness products.
- Restocking fee of 10% of the purchase will be incurred.
- Freight and delivery expenses to and from the supplier are considered a separate service and will not be reimbursed. This change of mind policy is for the purchase price of the item indicated on the product line of your proof of purchase. If you received free freight on your initial purchase, you will be liable for the return cost.
- Item must not be damaged or misused and be in suitable condition for resale
- Item must be returned in original packaging and packed suitably to ensure safe arrival.
- Item must be returned to the initial place of purchase/dispatch.
- Original proof of purchase must be presented.
- Valid only for the original purchaser.
- Refund will only be given after the item has been received and is complete with all components in an undamaged condition suitable for resale.
- You must contact Gym and Fitness to organise a return authorisation prior to sending the goods.
- We reserve the right to make the final decision.
All promotional offers can not be used in conjunction with any other offers, discounts or financing options. Concept 2 Rowers, Watt Bikes & Assault Air Bikes cannot be redeemed with any promos. Clearance Sales, while stocks last.
When you visit Gym and Fitness Online Store or send e-mails 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.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gym and Fitness Online Store or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Gym and Fitness Online Store and protected by international copyright laws. All software used on this site is the property of Gym and Fitness Online Store or its software suppliers and protected by international copyright laws.
LICENSE AND SITE ACCESS
Gym and Fitness Online Store grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gym and Fitness Online Store. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gym and Fitness Online Store. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gym and Fitness Online Store and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Gym and Fitness Online Store's name or trademarks without the express written consent of Gym and Fitness Online Store. Any unauthorized use terminates the permission or license granted by Gym and Fitness Online Store. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gym and Fitness Online Store so long as the link does not portray Gym and Fitness Online Store, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gym and Fitness Online Store logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Gym and Fitness Online Store 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 Gym and Fitness Online Store only with involvement of a parent or guardian. Gym and Fitness Online Store and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Gym and Fitness Online Store reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Gym and Fitness Online Store and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gym and Fitness Online Store and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gym and Fitness Online Store or its affiliates for all claims resulting from content you supply. Gym and Fitness Online Store has the right but not the obligation to monitor and edit or remove any activity or content. Gym and Fitness Online Store takes no responsibility and assumes no liability for any content posted by you or any third party.
Gym and Fitness Online Store and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Gym and Fitness Online Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Gym and Fitness Online Store and its affiliates attempt to be as accurate as possible. However, Gym and Fitness Online Store does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Gym and Fitness Online Store itself is not as described, your sole remedy is to return it in unused condition in it's original packaging for a refund of the purchase price. Please ensure you contact us for return authorisation before returning. Many of the images include benches, attachments, weights, barbells, props, people and other items that may NOT be included unless expressly implied otherwise. If you are not 100% sure about the contents of a specific package, please contact us prior to purchasing for confirmation.
Parties other than Gym and Fitness Online Store and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Gym and Fitness Online Store does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY GYM AND FITNESS ONLINE STORE ON AN "AS IS" AND "AS AVAILABLE" BASIS. GYM AND FITNESS ONLINE STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GYM AND FITNESS ONLINE STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GYM AND FITNESS ONLINE STORE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GYM AND FITNESS ONLINE STORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GYM AND FITNESS ONLINE STORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WARRANTY, DAMAGED GOODS & MISSING PARTS
All deliveries must be checked for missing & damaged parts and a claim lodged within 5 days of receiving the items.
By visiting Gym and Fitness Online Store, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gym and Fitness Online Store or its affiliates.
All our website prices are shown including GST and are quoted in New Zealand Dollars (NZD). We reserve the right to change our pricing at any time without notice. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as reasonably possible and give you the option of reconfirming your order at the correct price or canceling it in accordance with ACCC guidelines. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund via the method of original payment.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to Gym and Fitness Online Store. We reserve the right to make changes to our site, policies, Conditions of Use and prices at any time without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.