TERMS AND CONDITIONS
In these Terms and Conditions a reference to o2fit means o2fit ABN 86 443 407 506 and any of its subsidiaries from time to time.
By accessing, browsing or making purchases using the o2fit website (Website) you agree to these Terms and Conditions (Terms and Conditions). o2fit may update or change the Website including these Terms and Conditions from time to time without prior notice. Your continued use of the Website will be taken as agreement to the amended Terms and Conditions. The terms and conditions displayed on the Website at the time of your order will govern that purchase.
The content on this Website is o2fit's intellectual property and subject to copyright. You may copy the information contained on this Website but only for your private purposes and provided that you do not remove any copyright notices or any o2fit trademarks or logos.
2. Links to Other Sites
For your convenience and information, this Website may contain links to other sites. o2fit makes no representation or warranty as to the accuracy, currency or any other aspect of the information on those linked sites. A link to another site should not be construed as an endorsement or recommendation by o2fit of any information, goods or services on that site.
3. Linking to this Website
You may only link to this Website with the express written permission of o2fit. Any links if allowed, must only link directly to this Website's homepage (and no other pages within the Website) unless otherwise agreed by o2fit in writing.
5. Virus Warning
The internet and the world wide web are unsecured public networks. You acknowledge and agree that (and will be responsible for any loss or damage caused by the following):
(a) information sent to or from this online area may be intercepted, corrupted or modified by third parties; or
(b) files obtained from or through this online area may contain computer viruses or other defects.
TERMS OF SALE
1. Contract Formation
Nothing in this Website, including these Terms and Conditions, is to be construed as an offer to enter into a contract with o2fit in relation to the provision of any goods and/or services. This Website and the goods and services displayed within it constitute an invitation to treat only.
o2fit 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 the product description posted on this Website, or an error in your order. There may be other reasons why o2fit cannot fulfil your order. Therefore, your contract with o2fit only comes into existence when o2fit advises you that it has accepted your order. o2fit will endeavour to confirm your order within 1 business day.
o2fit will arrange for the delivery of the goods you order to the address you provide through the Toll DX Express mail service. For sales on the o2fit website, orders that are placed by 6PM AWST will where possible be processed by o2fit. o2fit does not guarantee delivery times as delays may be experienced..
Please note that if the goods you order are more than 1.2 metres cubed or more than 40kg we will need to quote you separately for any potential delivery charge.
o2fit 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 on delivery.
Payment will be considered received once the amount paid by you is received by o2fit in immediately available funds. Until payment is received, o2fit reserves the right to cancel any order or delivery.
5. Price, Delivery and Taxes
All prices are in Australian Dollars and subject to change without notice. You are required to pay all delivery charges and any applicable taxes.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
In addition to any statutory warranty, and unless a longer warranty period is specified on this Website for a particular good, all goods come with a 90 day warranty for defects in materials and workmanship. This warranty will not apply if the goods are damaged through misuse, abuse, negligence or failure to follow proper instructions. If you wish to make a warranty claim, you must return the goods to o2fit. If the goods are covered by warranty, o2fit will (at its option) either repair or replace the goods and return the repaired or replaced goods to you, or offer a refund of a partial or full amount at the discretion of o2fit.
(a) At the date the information was placed on the Website the information was believed to be correct. However, o2fit is not liable to you or anyone else if errors occur in the information on this Website or if that information is not up to date.
(b) o2fit, its related bodies corporate or its employees, agents, representatives, suppliers, or contractors will not be liable for any damages of any kind, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties or other losses of any kind, arising out of or in connection with the use of this Website or any Website with which it is linked.
(c) This clause does not modify or exclude any condition or warranty implied into the these Terms and Conditions or any liability imposed on o2fit by any Australian law (including the Australian Consumer Law) if to do so would contravene that law or make any part of this clause void.
(d) To the extent permitted by law, o2fit excludes all conditions and warranties implied into these Terms and Conditions and limits its liability for breach of any implied condition or warranty that it cannot exclude to the greater of (at o2fit' option):
(i) the replacement of any product purchased; and
(ii) the purchase price paid by you to o2fit for that product or service.
You agree to fully indemnify and hold o2fit harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) incurred by o2fit, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with a breach by you of these Terms and Conditions, your use of this Website, or the infringement by you of any intellectual property or other right of any person or entity.
o2fit's failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted by o2fit in writing.
10. Governing law
These Terms and Conditions of Use will be governed and interpreted in accordance with the laws of the State of Western Australia. In the event of a dispute out of or relating to these Terms and Conditions, or your use of or access to this Website, litigation must be brought in a State or Federal Court in Perth, Australia. By using this Website, you consent to the exclusive jurisdiction of those courts.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Information on this Website relating to goods and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this Website, it is not directed at you and cannot be relied upon by you and you are unable to order any goods from this Website. If you do, you agree to indemnify o2fit for any losses, costs, expenses or damages o2fit may suffer as a consequence.
Copyright © 2019 o2fit ABN 86 443 407 506 All rights reserved.