Terms & Conditions
Acceptance
The "fitonline.com.au" website ("website") is operated by RMPL (ABN 41 235 495 947). Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions"). You should read them now. Your use of the website constitutes your agreement to the Terms and Condition.
RMPL reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment constitutes your agreement to the amended Terms and Condition.
Capacity
The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
Orders
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. RMPL reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or description on this website, a discrepancy in delivery charges, or an error in your order. Your contract with RMPL only comes into existence when RMPL processes your order and dispatches the goods.
Further to the above, Specific Performance is excluded until such time as a contract does come into effect. In layman's terms, this means that you cannot force us to sell you the item you have ordered, even if you have an "order confirmation" email, because there is actually no contract in place until such time as we accept it via processing and dispatch of the goods.
Products
Products are described generally on this web site. RMPL advises you to undertake further research into products you intend to purchase, including on the manufacturer’s website, and is not responsible for variations between product description on this site and those of the actual product. Furthermore, many manufacturers badge an identical product with more than one name, and you should be aware that we or the manufacturer may deliver to you the exact item you ordered except that it may have a different name badge than that noted on this web site.
Warranties are manufacturer's warranties. Precise details of warranties are provided in the product documentation which accompanies the product or which is available from the manufacturer prior to purchase. To the extent that this website and the manufacturer's warranty information vary, the manufacturer's information prevails.
Prices
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
Goods and Services ("GST") and Other Taxes
Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.
Delivery
Please read the Delivery Information contained in the website. The delivery times are indicative only and RMPL will not be liable for any failure to observe these delivery times. Delivery costs are indicative only (and this includes any "free delivery" or "free freight" offer), and may need to be increased for certain distant regional areas.
Any "free delivery" or "free freight" offer will only be honored at the absolute discretion of RMPL, and RMPL is under no obligation to provide free delivery merely because an order has been placed by the customer. Refer again to "orders" above. In the event that a customer is not happy to pay a suggested delivery charge for such an order, the full extent of the remedies available to a customer is the cancellation of the order and the refund of any payments made against that order.
Any "free delivery" or "free freight" offer will only be honored at the absolute discretion of RMPL, and RMPL is under no obligation to provide free delivery merely because an order has been placed by the customer. Refer again to "orders" above. In the event that a customer is not happy to pay a suggested delivery charge for such an order, the full extent of the remedies available to a customer is the cancellation of the order and the refund of any payments made against that order.
Risk and Title
RMPL will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.
Refunds
RMPL will provide a refund as required by NSW consumer laws, with which you should make yourself familiar. RMPL will not provide a refund just because you change your mind.
Any fees charged by AfterPay are not refundable.
Limitation of liability
RMPL will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if RMPL has been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of RMPL for any breach of such term, condition or warranty shall be limited, at the option of RMPL, to any one or more of the following:
if the breach relates to goods:
1. the replacement of the goods or supply of equivalent goods;
2. the repair of such goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired; and
if the breach relates to services:
a. the supplying of the services again; or
b. the payment of the cost of having the services supplied again.
Disclaimer
While the information contained in the website is believed to be accurate and current, it is provided by RMPL in good faith on an "as is" basis. RMPL, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website.
To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
Links
The website contains links to websites not maintained, controlled or associated with RMPL and it does not make any endorsement, or any representation as to the accuracy, of information contained on those websites. RMPL will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites.
Warranties
Warranties
Warranties mentioned on our product pages are the warranties offered by the respective manufacturer and/or local distributor (the "Manufacturer"). The terms and conditions of those warranties can be obtained directly from the Manufacturer, and decisions about items covered, inclusions, and all other matters are at the absolute discretion of the Manufacturer.
Copyright
RMPL is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of RMPL.
Viruses
RMPL does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. RMPL will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on RMPL, it shall be limited to the cost of re-supplying that information.
Reviews
Some products have "product reviews" listed on their information pages. Reviews are only able to be placed by people who have placed orders for those items on the website. RMPL takes no responsibility for the accuracy or completeness of any such reviews, and these reviews do not reflect the views, opinions or perspectives of RMPL or its suppliers and brand partners.
RMPL reserves the right to edit reviews where the content is seen to be inaccurate, incomplete, or misleading in any way, at the absolute discretion of RPML. This includes the right of RMPL to choose not to publish any review for any reason whatsoever.
Applicable law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.