Brand Developers – Bowflex Max Trainer M8 (Australia) Terms and Conditions
Effective date: 14 March 2024
- Website and Other Channels
1.1.bowflexmaxtrainer.com.a (the “Website”) is owned and operated by Brand Developers Limited Aust Pty Limited (ACN 115 139 565) of PO Box 8084, Tarneit, VIC 3029, Australia (“we”, “us” and “our”). [Please note that no returned goods should be sent to this address. Please see Clause 3 below for return of goods instructions.]
1.2. By accessing, using or browsing the Website, purchasing a product from the Website, over the phone, from a showroom or during a live event (each a “Channel”), you agree to be bound by these terms and conditions, our Privacy Policy and all other terms contained on the Website (the “Terms”). If you do not accept the Terms, please do not use the Website.
1.3. We reserve the right to amend the Terms from time to time. Amendments will be effective upon upload to the Website. Please check the Terms every time you use the Website, or purchase one of our products through any Channel, to ensure you understand the Terms that apply at that time, as your continued use of the Website or your purchase of one of our products through any Channel following such notification will represent an agreement by you to be bound by the Terms as amended.
- Contract, Payment and Delivery
2.1. A contract for the sale and purchase of goods will only be formed with you if we, at our discretion, accept an order for goods from you. Acceptance will be by way of us dispatching for delivery from our facility to you, the goods that you ordered, or if you are attending a live event or purchasing from a showroom and the goods are available onsite, by way of us handing over to you the goods you purchased. We may at our discretion reject an order for goods (in which case we will refund any amounts paid by you in respect of those goods).
2.2. Unless we have agreed otherwise, goods will be delivered after you have paid the purchase price in full or the ‘risk-free trial’ price. If we agree with you that payment will be made by way of periodic instalments, the goods will be delivered after you have paid the first instalment of the purchase price.
2.3. We will deliver the goods to the address stated when you placed your order and at a time determined by us and/or the delivery company.
Due to delays caused by COVID-19-related circumstances, please allow up to three weeks for delivery.
2.4. If we have agreed with you that payment will be made by way of periodic instalments, then you must make the periodic payments as and when due.
2.5. Should you fail to remedy any overdue payment, all current and future debt will become due and payable. We reserve the right to send the full amount of all debt to a collection agency or “list as a default” with a credit reporting agency. You will be liable for any reasonable enforcement costs incurred by us and passed onto you in the collection of the debt.
- Return of Goods
3.1. Unless purchased at a clearance rate (60% or more off the full price), our goods are sold subject to a 30-day money-back guarantee and, in some cases, an additional money back guarantee period or a ‘risk-free trial’ period may be agreed with you (the “Risk-Free Trial Period”). The following conditions apply to the return of all goods:
- If your purchase is subject to our 30-day money back guarantee (or a Risk-Free Trial Period) and you wish to return any good(s) to us, you must first notify us within thirty (30) days of receiving the good(s) (or within the Risk-Free Trial Period) by email at customerservice@tvshop.com.au. We will provide you with a Return Merchandise Authorisation Number (“RMA”), an RMA expiry date (the “Expiry Date”) and a shipping address.
- All goods must be returned to us by traceable delivery service and your RMA must be quoted on the outside of each package being returned to us (your RMA is NOT your order number).
PLEASE NOTE:
- Do not write your RMA on the original product packaging.
- Our inwards goods and receipts depots are designed to receive courier and postal deliveries only. Do not hand-deliver any goods.
- You must meet the cost of returning all goods, unless we agree otherwise and subject to any other statutory obligations.
- We must receive your returned good(s) by the Expiry Date for the return to be processed We have no liability in respect to goods received after the Expiry Date (unless we have agreed to an Expiry Date extension and received the returned good(s) by such extension date).
- Goods must be returned fully disassembled and in a clean and as-new condition in their original packaging. Where goods are returned in damaged packaging or showing signs of excessive use, we will pass on to you any reasonable costs we incur in returning the goods to a clean and as-new condition by deducting these costs from any purchase price refund. Soiled or damaged goods will be refused as an unacceptable return at our discretion, subject to your rights under the Australian Consumer Law.
- If a refund or exchange is requested, the good(s) and all items, parts and accessories included with it/them must be returned, together with any ‘free’ gifts or ‘specials’ sent to you with the returned good(s), unless advised or advertised otherwise.
- If you are sending more than one package back to us, the RMA must be on the outside of every package sent.
- Any request for an exchange of goods will be considered at our discretion.
- Refunds are limited to the purchase price paid for the good(s). No refunds will be given for the processing and handling fee (‘P&H’) (P&H includes postage, delivery and other logistics service) or insurance charges incurred by us and passed on to you (unless advertised otherwise).
3.2. Upon receipt of any good(s) returned in accordance with clause 3.1, we will provide a refund of the purchase price only or alternatively, we may consider (but are not obliged to) exchanging the good(s) if you so request.
- Faulty or Damaged Goods
4.1. 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 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.
We also offer a manufacturer warranty on certain goods, in which case a warranty statement is supplied with the goods.
4.2. If a good arrives visibly damaged or is missing a part or accessory, you must notify us within seven (7) days of receiving the good.
If a good is faulty, you must notify us within thirty (30) days of receiving the good.
In both cases, please email us at customerservice@tvshop.com.au. This clause does not affect your rights under the Australian Consumer Law.
4.3. Risk of loss or damage to the goods passes to you upon delivery. If the goods have been damaged while in your care for reasons not related to their state or condition when we delivered them to you (i.e. the goods were not faulty), we do not have to accept any liability in relation to the goods and will be under no obligation to replace the goods or refund any amount paid or owed by you for the goods.
- Limitation of Liability
5.1. Legislation such as the Australian Consumer Law may apply to these terms and conditions and we also offer a manufacturer warranty on certain products, which impose warranties, conditions or obligations which cannot be excluded, restricted or modified and we will comply with such warranties, conditions or obligations.
5.2. All other conditions, warranties, representations, liabilities and obligations, whether implied or imposed by statute, including any warranties as to merchantability, fitness for purpose, correspondence with description, accuracy, availability, and freedom from computer virus are excluded to the maximum extent permitted by law.
5.3. In the event that we breach our obligation referred to in clause 5.1 and you experience a minor problem with one of our products, to the extent allowed by law, our liability is limited to any one of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods; or
(c) the refund of the goods.
In the event of a major failure, you are entitled to ask for your choice of a replacement or refund and compensation for any other reasonably foreseeable loss or damage.
5.4. Subject to the terms of any warranty statement that was included with your goods, our total liability under these terms and conditions is, to the extent permitted by law, expressed in this Clause 5 and we will under no circumstances be liable to you for any loss, damage, liability, expense or cost (whether direct or indirect) incurred by you or any other party resulting directly or indirectly out of the supply of any good(s) by us to you or out of any breach by us of these terms and conditions or out of our negligence.
Our liability will never exceed the purchase price of any good(s) purchased from us, except in the event of a major failure, where you might be entitled for compensation for your reasonably foreseeable loss or damage, under the Australian Consumer Law.
5.5. Our liability to you for loss or damage of any kind arising out of these terms and conditions or the Terms, or your purchase or use of any goods or product will be reduced or limited to the extent that you cause or contribute to the loss or damage (if applicable).
5.6. You will, to the maximum extent permitted by law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of:
(a) your use of the Website; or
(b) your use of goods purchased via the Website or any other Channel.
5.7. Nothing in these terms and conditions shall exclude or modify any warranty implied by law where to do so would render these terms and conditions void or would be unlawful.
- Website – Disclaimer
6.1. Except as required by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:
- your use of the Website;
- any loss arising out of your use of, reliance on or failure to act, on any information contained on or accessed through the Website;
- errors, mistakes or omissions on the Website;
- goods or services supplied pursuant to an order placed on the Website; and/or
- any failure or omission on our part to comply with our obligations as set out in the Terms.
6.2. This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
- Website – Specific Warnings
7.1. You must ensure that your access and use of the Website is not illegal or prohibited by laws which apply to you.
7.2. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website.
7.3. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions of data or of information contained on your computer system or on the Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
7.4. We do not accept any responsibility for malfunctions to computer systems, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.
- Website – Restricted Use
8.1. You are provided with access to the Website only for your personal and non-commercial use.
8.2. You may not interrupt or attempt to interrupt the operation of the Website in any way or use the Website in a manner that adversely affects the availability of its resources to others.
8.3. You may not use the Website for any illegal purpose or in any manner that is inconsistent with the Terms.
- Linked Websites and Cookies
9.1. The Website may contain third-party advertisements and links to other websites, including websites operated by third parties (“Linked Websites”). We are not responsible for the content or privacy practices associated with Linked Websites or third-party advertisements.
9.2. We may use cookies to gather data in relation to the Website and you consent to us doing so. For more information on our use of cookies, please read our Privacy Policy.
- Website – Intellectual Property
10.1. Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (as amended), and except as authorised by us in writing, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
- commercialise any information (including but not limited to images, text, videos or sound recordings), goods or services obtained from any part of the Website.
10.2. You may not make use of any trade marks appearing on the Website or on any of Brand Developers’ videos or printed material, without the written permission of Brand Developers.
- General
11.1. All prices on the Website or provided by our Australian sales representatives are quoted in Australian Dollars.
11.2. These terms and conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria.
11.3. We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control.
11.4. If any of the terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
11.5. Due to continued product enhancements, product image may differ slightly from the product purchased.
- Discounts and Promotional Offers
12.1. Discounts and promotional offers are only valid during the period of sale stated on the Website or by our sales representatives and are subject to availability.
12.2. Discounts cannot be used in conjunction with any other offer, discount or promotion or be applied retrospectively.
12.3. Online discount and promotional offers are only valid on the Website.
12.4. Online reward codes for newsletter/promotional email signups are only valid once per customer.
12.5. All online prices are as shown on the Website. Discounts have already been calculated and reflected in the ‘Was’ price.
12.6. All sale items reduced prior to promotional events will not receive any further discounting.
12.7. Discounts may vary depending on the payment terms agreed with us for products purchased over the phone.
12.8. We reserve the right to amend these terms and conditions and/or cancel offers, discounts and promotions at our sole discretion.
- Privacy Policy
13.1. We recognise that your personal information is confidential and we understand that it is important for you to know how we treat your personal information. Please read our Privacy Policy for more information.
