FitBoutique Terms And Conditions

This website is operated by FitBoutique. Throughout the site, the terms “we”, “us,” and “our” refer to fitboutique.com.au offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Refund and Return Policy, and subject to Section 32 (Australian Consumer Law).
We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Pre-Order Policy: Some products may be available for pre-order. If you choose to purchase any pre-order items, you agree to the terms outlined in our Pre-Order Policy.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers/expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund and Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion; you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please review it carefully to understand how we collect, use, and protect your data in accordance with Australian Privacy Principles.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:

For any unlawful purpose
To solicit others to perform or participate in any unlawful acts
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
To infringe upon or violate our intellectual property rights or the intellectual property rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
To submit false or misleading information
To upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service or of any related website, other websites, or the Internet
To collect or track the personal information of others
To spam, phish, pharm, pretext, spider, crawl, or scrape
For any obscene or immoral purpose
To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except where such warranties cannot be excluded by law (including the Australian Consumer Law).
In no case shall fitboutique.com.au, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind—including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages—whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured through the service, or for any other claim related in any way to your use of the service or any product.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.
Nothing in this Section 13 excludes, restricts, or modifies any rights you have under the Australian Consumer Law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless fitboutique.com.au and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law; the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us, governing your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. By using this website, you submit to the non-exclusive jurisdiction of the courts in the State or Territory where fitboutique.com.au primarily operates.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – DISCOUNT CODES

If you have a valid discount code, it must be applied at checkout to redeem the discount. Unfortunately, once your order is placed, we are unable to retroactively apply a discount code or make adjustments to the order total. Please ensure the discount code is entered correctly at the time of purchase.

SECTION 21 – ORDER CANCELLATIONS

Once an order is placed, it cannot be cancelled. This includes, but is not limited to, orders placed without applying a discount code, incorrect selections, or errors during checkout. Please review your cart carefully before completing your purchase. If you have any questions or require assistance prior to completing your order, feel free to Contact Us.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us via our Contact Us page.

SECTION 23 – RETURNS AND EXCHANGES

All returns and exchanges are subject to our Refund and Return Policy. Any items returned without prior authorization may not be accepted. Please note: FitBoutique does not offer a 30-day money-back guarantee or change-of-mind returns on Reformer Pilates machines or other large fitness equipment (see Section 42). This does not affect your rights under the Australian Consumer Law (see Section 32) if a product is defective or not of acceptable quality.

SECTION 24 – SHIPPING POLICY

Shipping times and costs vary based on your location and order details. We cannot redirect packages once they are in transit. If your order is part of a pre-order, please see our Pre-Order Policy for details on estimated shipping timelines and related terms.
We are not responsible for delays caused by the carrier or customs processes. Please ensure your shipping address is correct at checkout.

Shipping & Delivery (Third-Party Couriers)

Third-Party Courier Services: FitBoutique partners with reputable third-party courier companies (such as Allied Express and Australia Post & more) to deliver orders. As we do not operate our own delivery fleet, these independent couriers handle the transport of your purchases. By placing an order, you acknowledge that delivery will be completed by a third-party service and not by FitBoutique directly.
FitBoutique Responsibility & Consumer Guarantees: FitBoutique will take all reasonable steps to ensure your order is properly packed and handed over to the courier in good condition and within the advertised dispatch timeframe. In accordance with Australian Consumer Law (ACL), FitBoutique remains responsible for your goods until they are delivered to you at the address provided. If your order is lost, significantly delayed, or damaged before it reaches your address, we will work with you to resolve the issue. This includes contacting the courier on your behalf, assisting with tracking and investigations, and arranging an appropriate remedy (such as a replacement, repair, or refund) as required by the ACL.
Delivery Timeframes & Delays: Once your order is dispatched, the actual delivery time will depend on the courier’s schedules and any unforeseen circumstances. While we strive to provide accurate delivery estimates, FitBoutique is not liable for delivery delays caused by the third-party courier or events beyond our control (for example, carrier delays, traffic, or weather disruptions). If your delivery is significantly overdue, we will assist in following up with the courier. (Please note that we cannot change the delivery address or redirect a package once it has been dispatched.)
Delivery Completion & Transfer of Risk: Delivery is deemed complete once your order has been delivered to the address you provided, as confirmed by the courier (for example, when the tracking status is marked “Delivered”). At that point, ownership of the goods passes to you, and you assume responsibility for them. FitBoutique is not liable for any loss, theft, or damage that occurs after the courier has delivered them to your specified address.
Authority to Leave (ATL): If you give the courier an “Authority to Leave” instruction (allowing the parcel to be left without a signature), you acknowledge and accept that the parcel will be left unattended at your own risk. Once the courier has delivered the order as per your ATL instructions, FitBoutique and the courier will consider the order delivered. From that point, FitBoutique is not responsible for any loss or theft of the parcel.
Reporting Lost or Damaged Items: If your order hasn’t arrived within the expected delivery window, or if it arrives with damage, please notify FitBoutique Customer Support as soon as possible (ideally within 3 business days of the scheduled delivery or receipt). Contact us at help@fitboutique.com.au or by phone at [Customer Service Number]. For damaged deliveries, please provide photographs and keep packaging materials for inspection.
Resolution & Claims Process: Upon notification of a missing or damaged delivery, FitBoutique will liaise with the courier to investigate. If the goods are confirmed as lost or damaged before delivery to you, FitBoutique will arrange a suitable remedy in line with our obligations under the ACL (replacement, exchange, or refund).
Post-Delivery Issues: If an order is shown as delivered but cannot be located, first check around your property and with neighbours. If it still cannot be found, contact us. While FitBoutique is not liable for theft or misplacement after confirmed delivery, we will assist with courier investigations.
Customer Responsibility: You are responsible for providing an accurate, safe delivery address and promptly collecting your parcel upon delivery. If a package is returned due to an incorrect address or not collected, you may be responsible for re-delivery fees.

Third-Party Property Damage

FitBoutique engages independent third-party courier services (such as Allied Express and Australia Post & more) to complete deliveries. While we take care in selecting reputable delivery partners, we do not control their actions and are not responsible for any damage caused to your property (e.g., walls, floors, driveways, or other surfaces) during delivery. Any such damage should be reported directly to the courier, who is responsible for handling claims. FitBoutique does not accept liability for costs or repairs associated with courier-related property damage.

SECTION 25 – INTELLECTUAL PROPERTY RIGHTS

All content on this site, including but not limited to text, graphics, logos, images, product names, and software, is the property of fitboutique.com.au and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any part of the site without prior written consent.

SECTION 26 – LIMITATION OF LIABILITY FOR FITNESS EQUIPMENT USE

By purchasing and using our fitness equipment, you agree to use the products responsibly and for their intended purpose. For further details on our limitations of liability, please refer to Section 13 (Disclaimer of Warranties; Limitation of Liability) and Section 31 (Fitness & Safety Disclaimer). If you have any questions about the proper use of our equipment, consult the product manual or Contact Us.

SECTION 27 – AFFILIATE OR RESELLER AGREEMENTS

If you purchase our products as an affiliate or reseller, you agree to abide by our Affiliate or Reseller Agreement. Breaches of this agreement may result in account termination and potential legal action.

SECTION 28 – DISPUTE RESOLUTION

Any disputes arising out of these Terms of Service or your use of the Service shall be resolved through arbitration in accordance with the rules of the Australian Arbitration Association. By agreeing to these Terms, you waive your right to a trial by jury (where permitted by law).

SECTION 29 – USER ACCOUNTS & SECURITY

Customers may be required to create an account to access certain services, including subscription plans or digital content. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to: - Provide accurate, current, and complete information when creating an account. - Keep your password secure and not share it with others. - Notify FitBoutique immediately of any unauthorised use of your account or other security breaches. FitBoutique is not liable for any loss or damage arising from your failure to safeguard your account details or for unauthorised activity on your account. We reserve the right to suspend or terminate accounts suspected of misuse, fraud, or violation of these Terms.

SECTION 30 – REFORMER PILATES MACHINES: RETURNS, REPAIRS & NO 30-DAY MONEY-BACK GUARANTEE

No 30-Day Money-Back Guarantee We do not offer a 30-day money-back guarantee (or any “change-of-mind” return) on Reformer Pilates equipment. All sales are final unless otherwise required by the Australian Consumer Law for defective or major-failure products (see Section 42). Defective or Non-Working Equipment Inspection (Step 1): If your Reformer arrives non-working or defective, contact us immediately. We will arrange for a qualified technician or handyperson to inspect the unit. Diagnosis (Step 2): After inspection, we will recommend a course of action (e.g., replacement parts or, in some cases, a full replacement). We may consult with suppliers or specialists first. Replacement Parts or Reformer If replacement parts or a full machine replacement is required, we will coordinate the process and advise you on timelines. We do not provide loaner equipment during repair or replacement. Return Shipping Costs If a return is authorised (for instance, in the case of a confirmed major failure that cannot be repaired), the customer is responsible for return shipping and handling costs. We strongly recommend a trackable service and insurance. No Returns Without Authorisation Any Reformer machine returned without prior written authorisation will not be accepted and may be shipped back at your expense. Limitation of Liability Refer to Section 13 for limitations of liability. Nothing here excludes or restricts your non-excludable rights under the Australian Consumer Law (see Section 32). Warranty for Reformer Machines For more information on warranty coverage for your Reformer, please see our Warranty Information page. Contact for Reformer-Related Issues For Reformer Pilates concerns, please Contact Us. We will do our best to resolve any issues promptly.

SECTION 31 – FITNESS & SAFETY DISCLAIMER

Use at Your Own Risk
By purchasing, assembling, and/or using our fitness equipment (including Reformer Pilates machines), you acknowledge and agree that all physical exercise carries inherent risks. You assume full responsibility for any personal injury, property damage, or other loss arising from the use of this equipment, to the fullest extent permitted by law.
Consult a Health Professional
We strongly recommend consulting a qualified healthcare provider or fitness professional before beginning any new exercise program, especially if you have pre-existing medical conditions or injuries. Use of our products without professional guidance is at your own risk.
Assembly and Proper Use
You must follow all assembly instructions provided in the user manual. If you’re unsure about installation, seek professional assistance.
Before each use, check for wear, damage, or loose parts. Do not use any damaged equipment.
Misuse, negligent or intentional damage, or failure to follow product guidelines (including weight limits and recommended exercises) may void warranties and release us from liability.
No Liability for Improper Usage
We are not liable for any injury, loss, or damages resulting from:
- Incorrect assembly or installation not performed in accordance with our instructions
- Modifications or alterations without our written consent
- Use of the equipment beyond recommended exercises or specifications
- Failure to seek professional advice if unsure about safe usage
Exclusion of Certain Damages
To the extent permitted by Australian law, we exclude liability for indirect, incidental, or consequential damages — including but not limited to lost income, medical costs, and pain and suffering — arising from or related to the use of our equipment.
Australian Consumer Law (Non-Excludable Guarantees)
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in this Disclaimer excludes or modifies any non-excludable rights under the ACL.
Indemnification
You agree to indemnify, defend, and hold harmless fitboutique.com.au and its affiliates, employees, agents, and licensors from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from or related to your improper use of our equipment, your breach of this Disclaimer, or any negligent or wrongful act by you or anyone under your supervision.

SECTION 32 – AUSTRALIAN CONSUMER LAW

Statutory Guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
No Change-of-Mind Returns
Subject to the ACL, we do not provide refunds for change of mind or incorrect choice. This aligns with Sections 23 and 30, but does not affect your statutory rights for defective or misdescribed products.
Warranties Beyond ACL
Other than the rights and remedies you have under the ACL, any additional warranties or guarantees (express or implied) are disclaimed to the fullest extent permissible by law. This includes normal wear and tear or cosmetic damage, unless otherwise stated in writing.
Repairs and Spare Parts
Where a product does not constitute a ‘major failure,’ we may offer repair or replacement parts, or direct you to an authorised service centre. We make reasonable efforts to keep spare parts in stock for a reasonable time but cannot guarantee indefinite availability once a product line is discontinued.
Liability
Nothing in these Terms excludes, restricts, or modifies any rights or remedies conferred by the ACL or any other law that cannot be excluded. Subject to the ACL, our liability in connection with your purchase or use of our products is limited to the remedies set out under the ACL or any express warranties we provide.

SECTION 33 – THIRD-PARTY OFFERS AND ACCESS CODES

From time to time, we may provide customers with promotional offers, discount codes, or access codes for third-party platforms, services, or applications. These offers are provided as a benefit to our customers, but FitBoutique does not operate or control these third-party platforms.
Customers are solely responsible for redeeming and activating any offers by following the instructions provided, including applying codes or accessing links. FitBoutique has no responsibility for the availability, performance, or content of third-party platforms, and cannot provide support or troubleshooting for these services.
Any issues, access concerns, or disputes relating to the use of a third-party platform must be taken up directly with the provider of that platform.

SECTION 34 – PRODUCT UPGRADES AND IMPROVEMENTS

FitBoutique is committed to continuously improving the design, performance, and safety of our products. We may make upgrades or modifications to products on a regular basis. As a result, the product received may differ slightly in appearance or specification from the images and descriptions shown on our website. All updates are made with the purpose of enhancing product quality, safety, and user experience.

SECTION 35 – INTELLECTUAL PROPERTY

All content on this website, including text, images, product designs, videos, graphics, and logos, is the property of FitBoutique or its licensors. Customers may not copy, reproduce, distribute, or use any content without prior written permission.

SECTION 36 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, FitBoutique is not liable for any indirect, incidental, or consequential damages, including loss of profits, business interruption, or data loss. FitBoutique total liability in connection with any product or service is limited to the purchase price paid.

SECTION 37 – INDEMNITY

Customers agree to indemnify and hold harmless FitBoutique, its directors, employees, and agents from any claims, damages, or expenses (including legal costs) arising from misuse of our products, breach of these Terms, or violation of any law.

SECTION 38 – GOVERNING LAW

These Terms and Conditions are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

SECTION 39 – FORCE MAJEURE

FitBoutique is not responsible for any delay or failure to perform its obligations due to events outside its reasonable control, including natural disasters, strikes, transport disruptions, pandemics, or government restrictions.

SECTION 40 – AMENDMENTS TO TERMS

FitBoutique reserves the right to update or change these Terms and Conditions at any time. Customers are responsible for reviewing the Terms regularly. Continued use of our website or services constitutes acceptance of any changes.

SECTION 41 – SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply in full force and effect.

SECTION 42 – NO 30-DAY MONEY-BACK GUARANTEE

FitBoutique does not offer a 30-day money-back guarantee, change-of-mind returns, or trial periods on Reformer Pilates machines or other large fitness equipment. All sales of these products are final once an order has been placed. This policy ensures that every customer receives brand new equipment that has not been used or returned. Nothing in this section affects your rights under the Australian Consumer Law, as set out in Section 32. If a product is defective, faulty, or does not meet acceptable quality standards, you are entitled to a remedy in line with the ACL, which may include repair, replacement, or refund depending on the circumstances.

SECTION 43 – PAYMENT METHODS & FINANCE

We accept major credit and debit cards, as well as secure payment options including Zip, Afterpay, and other finance partners listed at checkout. By selecting a finance option, you agree to the terms and conditions of the relevant third-party finance provider.
FitBoutique is not responsible for credit checks, approvals, declined applications, interest charges, or late fees imposed by finance providers. Any issues relating to your finance agreement must be taken up directly with the finance provider. Your order will only be processed once payment or finance confirmation is received.

SECTION 44 – WARRANTY

All FitBoutique Reformer Pilates machines come with a standard 5-year warranty covering the frame and springs, in addition to statutory guarantees under the Australian Consumer Law.
Warranty coverage does not extend to normal wear and tear, cosmetic damage, or misuse outside of recommended guidelines. For full details on inclusions, exclusions, and how to make a warranty claim, please refer to our Warranty Information page.
Nothing in this Warranty section excludes or modifies your rights under the Australian Consumer Law.

SECTION 45 – WHOLESALE & STUDIO ORDERS

Wholesale and studio orders may be subject to separate terms and conditions, including payment requirements, shipping schedules, and eligibility for bulk pricing.
To secure stock allocation for studio or wholesale orders, full payment may be required upfront unless otherwise agreed in writing. Cancellations are not permitted once an order is confirmed.
Additional terms or agreements may be provided to wholesale and studio clients at the time of order. These Terms of Service continue to apply unless otherwise superseded by a signed wholesale agreement.

SECTION 46 – INSTALLATION & SETUP

All FitBoutique Reformer Pilates machines are delivered fully assembled inside a shipping crate. Customers are responsible for arranging safe lifting and placement of the machine once delivered. We strongly recommend having at least two people available to safely move the unit.
FitBoutique offers optional setup support at an additional cost. If you choose not to use our setup service, you assume full responsibility for safe handling and placement of the machine. FitBoutique is not liable for any injury, property damage, or additional costs arising from moving, lifting, or installing equipment without our assistance.

SECTION 47 – FITNESS CONTENT DISCLAIMER

From time to time, FitBoutique may provide access to fitness programs, workout videos, or training guides (collectively “Fitness Content”). All Fitness Content is provided for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
You should always consult a qualified healthcare provider before starting any new exercise program, particularly if you have pre-existing medical conditions or injuries. Participation in exercises shown in our Fitness Content is at your own risk. FitBoutique accepts no liability for any injury, illness, or damages arising from following or misapplying any Fitness Content.
By using our Fitness Content, you acknowledge and accept this disclaimer.

SECTION 48 – INTERNATIONAL ORDERS

FitBoutique ships internationally to selected countries. Delivery times, fees, and available courier services may vary depending on the destination.
Unless expressly included in your shipping quote, all duties, customs charges, import taxes, and clearance fees are the responsibility of the customer. FitBoutique is not liable for delays, holds, or additional costs incurred during customs clearance in the destination country.
By placing an international order, you agree to comply with all applicable import laws and regulations in your country of residence. If an order is refused or returned due to unpaid duties, incorrect details, or non-compliance with customs requirements, you may be responsible for any associated costs.

SECTION 49 – DIGITAL CONTENT & INTELLECTUAL PROPERTY

FitBoutique may provide access to digital materials, including workout videos, training guides, programs, or other online resources (“Digital Content”).
All Digital Content is protected by copyright and intellectual property laws. You may use Digital Content for personal, non-commercial purposes only. You may not reproduce, distribute, modify, publicly display, broadcast, resell, or otherwise exploit any Digital Content without our prior written consent.
Unauthorised sharing or resale of Digital Content may result in the suspension of access, termination of your account, and potential legal action. All rights not expressly granted are reserved by FitBoutique.

SECTION 50 – SUBSCRIPTION SERVICES

FitBoutique may offer subscription-based services, including access to workout programs, fitness content, or other digital resources (“Subscription Services”). By enrolling in a Subscription Service, you agree to the following terms:

Recurring Billing
Subscription fees are billed on a recurring basis (monthly, quarterly, or annually, depending on your chosen plan) to the payment method provided at checkout. Your subscription will automatically renew unless cancelled in accordance with these Terms.
Cancellations
You may cancel your subscription at any time by following the cancellation process outlined in your account settings or by contacting us directly. Cancellations must be made before the next billing cycle to avoid additional charges. We do not provide refunds for unused portions of a billing period unless required under the Australian Consumer Law.
Account Access
Subscription access is limited to the individual account holder and may not be shared, resold, or transferred. We reserve the right to suspend or terminate access if misuse is detected.
Changes to Subscription Services
We reserve the right to modify, suspend, or discontinue Subscription Services at any time. If pricing or features change, we will notify subscribers in advance, and changes will take effect from the next billing cycle unless you cancel prior.

ACKNOWLEDGMENT

By purchasing from and/or using FitBoutique you acknowledge that you have read and agree to these Terms of Service, including the Fitness & Safety Disclaimer (Section 31), our obligations under the Australian Consumer Law (Section 32), and our policy on No 30-Day Money-Back Guarantee (Section 42). If you do not agree to these Terms, you must not use this website or purchase our products.