TERMS AND CONDITIONS OF SALE
1. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. 2. We supply and despatch our products to customers within Australia only. 3. We endeavour to ensure that our product list is current, however, we give no undertaking as to the availability of any product advertised on our website. 4. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. 5. Packaging and postage is an additional charge, calculated at the time of purchase. 6. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information, you accept that we are not liable for its misuse due to an error in transmission or virus or malware. 7. We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock. 8. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending. 9. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page. 10. All risk of loss or damage to the goods passes to you when we despatch the goods. At the time of conducting your transaction, all freight prices given are inclusive of carrier insurance.
Order Cancellation Due To Error
1. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
1. Pilates World offers a warranty in addition to any rights you have at law via Australian Consumer Law schedule 2 of the Competition and Consumer Act 2010. Pilates World provides our customers with a warranty against defective workmanship or materials. This includes 1 year warranty on all parts for all of our equipment excluding upholstery which has a 120-day limited warranty. Reformers and Trapeze Tables come with a 1-year frame warranty including aluminium guide rails and stainless steel foot & gear bars but excluding the foot bar padding and any fastening parts, provided these parts fail due to defective workmanship or materials. The company reserves the right to repair or replace all parts under this defective part warranty. 2. All warranty defect claims must be made by the original purchaser and proof of purchase is required when making a warranty claim. The warranty becomes effective at the invoice date of the original purchase. Parts repaired or replaced under the terms of this warranty will be warranted for the remainder of the original warranty period. If the product is faulty or does not include all parts when delivered, please contact us immediately. Do not attempt to use the product. Any incomplete or faulty products can be potentially dangerous, and any damage caused by the user will lead to avoiding of the stated warranty. The warranty also does not cover personal injury or losses due to improper assembly or maintenance, nor to damage due to neglect, misuse or accidents. 3. Any claim for warranty must be submitted via email with accompanying images of the damaged part(s) and the date of purchase. If the warranty claim is lodged within the first 7 days of the delivery date and is accepted, return delivery of the damaged part will be paid for by Pilates World and the part replaced free of charge to the customer. After 7 days from the delivery date, the customer must pay for return delivery of the part claimed under warranty to Pilates World, Pilates World will provide the replacement part free of charge to the customer. 4. Warranty claims take up to 7 days to be processed by Pilates World. Replacement parts will be dispatched as soon as possible upon receiving the damaged or faulty part. Please note that it may take up to 7 days to reach the customer. Defect Warranty claims will lead to the replacement of the faulty parts-not a refund. While we endeavour to hold substantial stock of all parts if we do not have the part in stock we will get in contact with the overseas manufacturer and have the parts express freighted to us so we can deliver the parts as soon as practical to our customers. 5. If equipment has been subjected to accidental damage, misuse, abuse, improper servicing, or any modification not authorised by the Company then the warranty will be void. All safety guidelines set out in manuals must be followed. The equipment must not be used for an unintended purpose.
Product Returns Policy
1. Please choose carefully when you purchase our goods. Pilates World does not accept a return of goods if you simply change your mind. Only goods that are damaged or faulty will be considered for return. 2. A product can only be returned after you contact us via phone and email and it has been assessed. You can notify us through our designated “contact us” web page. Pilates World reserves the right to assess the damaged or faulty goods using photographs, emailed information from the customer and or an onsite inspection of the goods.
3. If we are unable at the time of return to repair, replace or exchange returned goods within a reasonable time frame, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
4. Once you have notified us through our website that you wish to return faulty, damaged product, you may return the product to our warehouse in Upper Coomera Australia so long as you provide valid proof of purchase eg. tax invoice, receipt and/or packaging slip.
Statutory Guarantees and Warranties to Consumers
1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
1. Schedule 2 of the C&C Act; and 2. those statutory guarantees, all of which are given by us to you if you are a consumer.
2. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
1. We will repair or replace the goods or any part of them that is defective; or 2. Provide again or rectify any services or part of them that are defective; or 3. Wholly or partly recompense you if they are defective. 4. As a consumer under the C&C Act, you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act. 2. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data. 3. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
1. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. 2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied. 3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us. 4. We do not participate in any way in the transactions between our users.
1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
1. If a Force Majeure event causing delay occurs, we may terminate this Agreement by giving at least 7 days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
1. These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts. 2. If any provision of these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.