Terms & Conditions

This website is operated by  FitBoutique. Throughout the site, the terms “we”, “us,” and “our” refer to fitboutique.com.au. 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.

 

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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 (IF APPLICABLE)

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 e‑mail 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 e‑mail 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; or

• 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.
Note: 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)

1. Third-Party Courier Services: FitBoutique partners with reputable third-party courier companies (such as Allied Express and Australia Post) 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.

2. FitBoutique’s 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 (the customer) 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. Nothing in these Terms & Conditions is intended to exclude or limit any rights you have under the ACL.

3. 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 to obtain an update or resolution. (Please note that we cannot change the delivery address or redirect a package once it has been dispatched, so ensure the address you provide is correct and accessible.)

4. 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 to the products after the courier has delivered them to your specified address. We strongly recommend providing a secure delivery location and double-checking your address details at checkout to prevent issues.

5. Authority to Leave (ATL): If you give the courier an “Authority to Leave” instruction (allowing the parcel to be left at your address 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 (e.g. left on your doorstep or in a safe place), FitBoutique and the courier will consider the order delivered. From that point, FitBoutique is not responsible for any loss or theft of the parcel. If you are concerned about the security of your delivery location, we advise against using ATL and recommend providing an address where someone can receive the package in person.

6. 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 of the item). You can contact us at [support@fitboutique.com.au] or by phone at [Customer Service Number]. When reporting an issue, include your order number and details of the problem. For damaged deliveries, please also provide photographs of the damage and keep all packaging materials, as these may be needed for inspection or claims.

7. Resolution & Claims Process: Upon notification of a missing or damaged delivery, FitBoutique will promptly liaise with the courier to investigate the issue. We will assist you with any necessary paperwork or processes in making a claim with the courier for loss or damage during transit. Throughout the claims process, we will keep you informed of progress and outcomes. 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. Depending on the circumstances, this may include sending a replacement product (if available), providing an exchange or store credit, or issuing a refund for the affected item(s).

8. Post-Delivery Issues: In the event an order is shown as delivered (including ATL deliveries) but you cannot locate the package, please first check around your property and with neighbors or household members. If it still cannot be found, contact us so we can assist in reviewing the delivery details. While FitBoutique is not liable for items stolen or misplaced after confirmed delivery, we will help you liaise with the courier to gather information (such as GPS delivery confirmation or proof of delivery) and advise on next steps (for example, filing a theft report).

9. Customer Responsibility: It is your responsibility to provide an accurate, safe delivery address and to promptly collect your parcel upon delivery. FitBoutique will not be liable for delays or delivery failures resulting from incorrect address information provided at checkout. If a package is returned to us due to an incorrect address or because it was not collected from a courier hold location in time, you may be responsible for any return shipping and re-delivery fees. We will contact you to arrange re-delivery in such cases.

Third-Party Property Damage

"FitBoutique engages independent third-party courier services (such as Allied Express) 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 related to property damage. If needed, we can assist in providing courier contact details or delivery references to help facilitate your claim. However, 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 – FORCE MAJEURE

We shall not be held responsible for any failure or delay in the performance of our obligations under these Terms of Service caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, pandemics, government restrictions, or cyberattacks.

 

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

1. 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.

2. 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.

3. 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.

4. 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.

5. No Returns Without Authorisation
   Any Reformer machine returned without prior written authorisation will not be accepted and may be shipped back at your expense.

6. 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.

7. Warranty for Reformer Machines
   For more information on warranty coverage for your Reformer, please see our Warranty Information page.

8. Contact for Reformer-Related Issues
   For Reformer Pilates concerns, please Contact Us. We will do our best to resolve any issues promptly.

 

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SECTION 31 – FITNESS & SAFETY DISCLAIMER

1. 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.

2. 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.

3. Assembly and Proper Use

• Follow Instructions: You must follow all assembly instructions provided in the user manual. If you’re unsure about installation, seek professional assistance.

• Regular Inspections: Before each use, check for wear, damage, or loose parts. Do not use any damaged equipment.

• User Conduct: 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.

4. 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.

5. 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.

6. Australian Consumer Law (Non-Excludable Guarantees)
   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 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.

7. 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.

 

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SECTION 32 – AUSTRALIAN CONSUMER LAW

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

 

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ACKNOWLEDGMENT

By purchasing from and/or using fitboutique.com.au, you acknowledge you have read and agree to these Terms of Service, including the Fitness & Safety Disclaimer (Section 31) and our obligations under the Australian Consumer Law (Section 32).