Online Shopping Terms & Conditions
ONLINE SHOP TERMS
Velvet Publications Pty Ltd (ABN 35 088 613 950) trading as Elite Fitness Perth.
These Terms and Conditions together with the below additional policies apply to your access to and use of our online shop as well as the supply of goods ordered via our shop:
Delivery/Shipping and Returns Policy
By ordering goods from our online shop, you acknowledge that you have read, understood and agree to be bound by these Terms and the other documents referred to.
You may buy goods offered online by us by completing the order form available on our website. To buy goods via our website, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.
You must register with our website to be able to make purchases from our online store. Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us, at our discretion.
We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated.
All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will commence once payment has been processed/validated. We accept credit card payments by Visa, MasterCard and American Express. Credit card details are processed using at least SSL 128 bit encryption and are not stored by us. Additionally, we also accept payment via PayPal and Payment on Collection for locals.
Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.
From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and payment has been processed and received. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.
All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged. If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.
We ship within Australia and Internationally. It is your obligation to enter the correct delivery address details at the time of ordering.
We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most orders should arrive within 5 to 10 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by emailing firstname.lastname@example.org. Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the courier and advise you of any issues that are discovered.
We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order.
You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.
If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.
Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.
Goods ordered by you remain our property until you pay for them in full.
To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.
Our Returns Policy is in addition to your rights under the Australian Consumer Law.
We want you to be completely happy with your purchase, so if you change your mind about an item purchased on the online store, we will exchange it or give you a refund, provided that it’s returned to us in its original condition and packaging, unworn, unwashed, and with all labels intact.
Returns and exchanges are accepted on merchandise within 14 days of receipt. Refunds will be processed in the method by which original payment was made, within 5 business days.
PLEASE NOTE: Shipping and handling charges are non-refundable. If you return a product on which duty and tax has been paid, Elite Fitness Perth are unable to refund such duty or taxes.
If you are wishing to return a product please contact us at email@example.com
We will then be able to advise the best way to return the product(s) and inform you of any further details required.
If you require any assistance or have any queries about the product you have purchased please contact us at firstname.lastname@example.org
Your refund will be processed in the original form of payment within 5 business days of us receiving your package in accordance with our Returns Policy. You will be notified via email to the address listed on your account when this transaction has taken place. Please note that your banking institution may require additional days to process and post this transaction to your account once they have received the information from Elite Fitness Perth.
PLEASE NOTE: Unless your garments are faulty, shipping and handling charges will not be refunded and we will not pay for the cost of sending the goods back to Elite Fitness Perth.
We are more than happy to exchange for another size, colour or item, subject to availability. Exchanges can take up to 5 business days to process. Should you wish to receive the replacement item sooner, send back the unwanted item for a refund and place an order immediately for the new item.
We will accept up to one exchange per order. Should you wish to return the exchange item, we are more than happy to process a refund, should it meet the Returns Policy requirements.
Exchange for an item of the same value
Should the item you wish to exchange be of the same value as the original item, please mail back the unwanted item and we will post out an exchange free of charge.
Exchange for an item of a different value
Any difference due will be charged or refunded to the card used to pay for the original order. Should we need to charge an additional amount, a customer service representative will contact you to take the additional payment over the phone.
Limitation of liability
To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$5.00.
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.
Notices to you
We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.
You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods ordered via the website after the alteration takes effect.
These Terms are governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and its appellate courts. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) does not apply.