Terms & Conditions
PRODUCTS AND SERVICES
FIT GEAR CO operates the Site as an online store for the sale and purchase of retail goods.
The Site may contain information from a number of suppliers of retail products. The Site provides you with the opportunity to purchase goods or services provided by suppliers to FIT GEAR CO for sale on the Site.
We are not an agent for the suppliers, nor are we an agent for any third party suppliers of any goods or services that are advertised on the Site.
Information contained on the Site about goods and services offered by a supplier is provided by that supplier. We do not monitor, verify or endorse information submitted by suppliers for posting on this Site and you should be aware that such information may be inaccurate, incomplete, out of date and may change at any time.
PRICING AND PAYMENT
The price of goods ordered is the current price at the time of delivery, unless a specific price has been quoted. All prices are in US dollars. Payment for goods online may be made by an approved business account.
FIT GEAR CO currently accepts the following payment method options:
1. online credit card payment by Mastercard or Visa with Stripe;
2. online via PayPal;
3. online via Sezzle;
4. online via Klarna
You may pay for goods by Mastercard or Visa.
Choosing to pay by credit card is an efficient way of shopping on the Site, as orders will be processed once confirmation of payment is received.
In relation to ensuring your safety when making online credit card payments, always look for ‘https://’ in the address bar as well as the padlock or key symbol in the bottom right hand corner of your browser window. Please note if you are using IE 7 Windows browser, the padlock can be found in the top right hand corner at the end of the address.
RISK & TITLE
FIT GEAR CO will retain title to the goods you order until you have made payment in full for those goods but all risk in the goods will pass to you upon the delivery of the goods to, or the collection of the goods by, a postal or courier service. You should consider whether to obtain any suitable insurance in respect of the goods.
ORDERS AND DELIVERIES
You may place an order for goods via the shopping cart tool on the Site. This can be done by email or by telephone.
All products advertised on the Site are subject to availability and may be discontinued at any time without notice. We accept no responsibility or liability for any goods we are unable to supply for any reason.
We reserve the right to correct any errors or misprints and we have no responsibility if any of the goods or services advertised on the Site are unavailable. Back orders will be recorded and delivered when available, unless otherwise advised.
FIT GEAR CO will attempt to deliver or dispatch all orders within two (2) weeks from the date the order is made, however FIT GEAR CO accepts no responsibility for delays. If stock is ordered from overseas, there may be delay of up to six (6) weeks. We will notify you of any unexpected delays as soon as reasonably possible.
Orders may be cancelled before a tracking label has been issued. Applicable merchant fees will be deducted from the returned payment.
REFUNDS AND EXCHANGES
If you are not satisfied with the goods purchased on the Site we will offer:
a. a full refund of the goods purchased; or
b. a store credit which is valid for up to 6 months; or
c. an exchange of the goods for another product,
on the condition that the goods are returned within 25 days from the date the goods were delivered to you and the items are in their original condition as purchased, with all labels/tickets/packaging attached.
You may exchange an item up to a maximum of two (2) times, however you must pay the postage fees for sending the item back to us. We will pay the postage fees to resend the exchanged items to you. However, there will be a $10 restocking fee per batch of goods returned and exchanged.
You are responsible for postage fees.
No exchanges, credit note or refunds are offered on sale items or for nutritional items.
We reserve the right to refuse returned items if the items do not comply with our returns policy. Any items we have refused will be posted back to you and additional postage will be charged to you.
We accept no responsibility for returns that are sent by non traceable postage methods or are not received by us. If we do not receive the returned items, we cannot issue an exchange, grant a store credit or provide a refund. We strongly suggest you send your returned items using a traceable postage method.
If you need to return an item, please contact us for a returns form at firstname.lastname@example.org or through our contact page.
From time to time competitions and promotions (“Competitions”) may be posted on this Site. We shall publish the relevant terms and conditions of the Competitions. Please ensure you read the terms and conditions of a Competition before you enter into a Competition.
This Site and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this Site, are owned by us, or in some cases, a related body corporate or third party. These intellectual property rights are protected by USA and international laws. You may view our Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish, or display within another website, or create derivative works from any part of this Site, or commercialize, any information obtained from any part of this Site without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
Nothing contained in this Site is to be interpreted as a recommendation to use any information on this Site in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this Site will not infringe such intellectual property rights.
The Site may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to this Site without written permission.
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this Site at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the Site, please contact us immediately by email
Given the nature of the internet, we cannot guarantee that this Site is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this Site will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this Site, and, to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we accept no responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.
USE OF YOUR INFORMATION AND MATERIAL
We appreciate any suggestions (“unsolicited ideas”) you may have regarding ways in which this Site may be improved or materials which we may add to this Site. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
Illustrations on this Site are for purchasing guidelines only. Manufacturing changes can result in variations to illustrations. All measurements and capacities are approximate and can vary due to manufacturing changes.
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this Site or to its availability, functionality or performance, except as otherwise provided under any applicable law. You expressly agree that your use of the Site is at your sole risk.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Site. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
The use of the information on this Site is at your own risk. To the maximum extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this Site or provided through this Site through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this Site from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Site, any information that you provide to us via this Site or any damage that you may cause to this Site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).
GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of the USA, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the USA.
If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
If you access this Site in a jurisdiction other than the USA, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this Site complies with the laws of any country outside the USA.
We may, from time to time, add or remove information, products or services from this Site without notice.
We reserve the right to amend these Terms at any time without notice, and we may terminate your access to this Site at any time without notice. Your continued use of this Site following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this Site is terminated, all disclaimers and limitations of liability set out in these Terms will survive.
Reference to “Site” means the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).