These terms and conditions govern the use of this website. Should you have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact Trojan Fitness prior to using this website.
These terms and conditions were last updated on 30 August 2010. Please check back regularly to see the current terms and conditions.
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS:
This website is owned and operated by Trojan Fitness Pty Ltd (ABN 71120906327 ) (“Trojan Fitness”). By accessing, browsing or using this website, you agree to these terms, conditions and disclaimers as amended from time to time (“Terms & Conditions”) and acknowledge and agree that you have read and understood these Terms and Conditions.
By downloading any of the pages on this website you expressly agree to be bound by these Terms and Conditions.
AMENDMENTS TO TERMS AND CONDITIONS
Trojan Fitness may amend these Terms and Conditions from time to time. Any amendment will be effective immediately upon notice by e-mail, conventional mail service, or any other means of communication, including notification in this section of this website. Your continued use of this website after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.
USER AND OTHER INFORMATION PROVIDED BY YOU
If you provide us with any information it shall be current, complete, and accurate.
When you provide any information you are representing and warranting that all of the information provided is true and correct.
You must not transmit or attempt to transmit any material of any kind to this website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this website.
You consent and agree to the disclosure by Trojan Fitness to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this website, upon being requested to do so by that law enforcement agency.
The information contained on this website is provided by Trojan Fitness in good faith on an “as is” basis and solely at your own risk. The information is believed to be accurate and current at the date the information was placed on this website but Trojan Fitness expressly disclaims any liability for any incorrect information or prices published on this website or for the lack availability of any product.
None of Trojan Fitness, its related bodies corporate, any of their directors, officers, employees or shareholders makes any representation or warranty as to the reliability, accuracy or completeness of any of the information or ideas contained on this website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this website. To the fullest extent permitted by applicable law, Trojan Fitness disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Trojan Fitness makes no warranty that this website, any information or ideas contained on this website or any products or services advertised on this website will meet your requirements, or that the website will be uninterrupted, timely, secure or error free.
LIMITATION OF LIABILITY
None of Trojan Fitness, its related bodies corporate, any of their directors, officers, employees, or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from your use or your inability to use this website, your reliance on any information or advice contained on this website or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on your computer system or on this website, including but not limited to, damages for loss of profits, loss of use, loss of data or other intangible, even if Trojan Fitness has been advised as to the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Trojan Fitness for any breach of such term, condition or warranty shall be limited to the minimum permitted by the Act of Parliament.
ORDERING PRODUCTS OR SERVICES
Prices of products and services and delivery and other charges displayed on this website are current at the time of placement on the website (errors and omissions excepted), but may change at any time and are subject to availability. The availability of products and services may change from time to time.
Our Return Policy is incorporated into these terms and conditions and may be inspected on this website.
LINKS TO OTHER WEBSITES
This site may contain links to websites maintained by other companies and organisations. Trojan Fitness does not make any representation as to the accuracy of information contained on those websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.
This website may also contain third party advertisements (including banner ads and referral buttons) which contain embedded hyperlinks to websites operated by third parties. All third party advertising is paid for by the relevant third party advertisers and the placement of third party advertisements on this website does not constitute a recommendation or endorsement by Trojan Fitness of the products or services advertised. The third party advertiser is solely responsible to you for any representations or offers made by it.
Unless otherwise indicated, copyright in the information on this website is owned by Trojan Fitness. All rights are reserved.
You may download a single copy of the information on this website and, where necessary for its use as a reference, keep a temporary copy in your computer’s cache and make a single hard copy of that information. Except as permitted under the Copyright Act 1968 or other applicable laws, no part of the information contained on this website may be otherwise reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) or otherwise exploited for any commercial purpose without the specific prior written consent of Trojan Fitness.
If you believe that you own the copyright in any work and that work is displayed on this website without your consent, please contact Trojan Fitness and your complaint will be investigated.
THIRD PARTY COPYRIGHT AND TRADEMARKS
Third party names, logos and icons identifying third party products and services referenced herein are trademarks or registered trademarks of their respective owners. All other product and/or brand or company names mentioned herein are copyrights and/or trademarks of their respective owners.
Trojan Fitness does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Trojan Fitness will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Trojan Fitness, that liability shall be limited to the cost of re-supplying that information.
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have in the future against Trojan Fitness, its related bodies corporate, directors, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia and the Commonwealth of Australia. You and Trojan Fitness agree to submit to the exclusive jurisdiction of the courts of the State of Western Australia, Australia or any Federal Court sitting in Perth, Western Australia.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Trojan Fitness’s failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Trojan Fitness in writing.
Any party engaging in illegal activities involving the use of this website will be subject to civil and criminal prosecution. Trojan Fitness cannot guarantee that it will be able to prevent any illegal or inappropriate use of this website, nor can Trojan Fitness guarantee that it will give advance notice or warning of any illegal or inappropriate use of this website.
Delivery & Returns Policy
Trojan Fitness uses Australia Post as default carrier for all freight on items up to 20 Kg, utilising alternative carriers on an “as required” basis. The cost charged for shipping is calculated automatically by the Trojan Fitness online store system. The accuracy of this is dependent on the system holding the weight of items. Should shipping costs be much higher than you might expect, please make an enquiry with us so that we can investigate. On Australia Post EParcel items, an email with the tracking reference will be sent to you, so that you may track your parcel.
If you request your order be split into multiple deliveries (e.g. send available products now and unavailable products later) then additional charges will apply to recover the increased cost of freight. We may at our discretion split larger orders into multiple deliveries, which will incur no further cost to you. Where this occurs, we will not record the order as fulfilled until all items have been forwarded for delivery, with the possibility that parcels may arrive on different days.
We aim to minimise packaging used for freight, while ensuring that your purchase arrives to you in the best possible condition. Should your order reach you in less than satisfactory condition, please contact us, where possible provide us with a photo of the packaging, so that we can take the issue up with the relevant carrier
Where Australia Post is used as our carrier, the Regular Parcel Delivery Policy (http://auspost.com.au/personal/regular-parcel-delivery.html) applies.
While we endeavour to ensure goods are in stock at the time of order, where we cannot supply due to unforeseen circumstances we will apply the following policy:
- If we anticipate goods will be in stock within 5 business days, we will delay shipment of your order until those items are in stock
- If we cannot guarantee goods will be in stock within 5 business days, we will contact you via the contact details you have provided. We will attempt to contact you for 5 business days, after which without success we will at our discretion hold your order for up to 5 more business days until stock arrives. Alternatively, or following this period we will ship your order without the unavailable item(s) or cancel your order, both with the applicable refund. Where contact is successful, we will accept your preference to hold or proceed with your order.
Please note that if you live remotely from a capital city or live in far North Queensland, Northern Territory, Tasmania, ACT, your freight rate may be subject to additional charges ,if you are uncertain please contact us for a delivery quote, we need your post code & suburb name, best freight rates apply to business delivery address during normal work hours. Home deliveries are to your front door & ground floor only, assistance may be required with unloading, PLEASE note that delivery vehicles are often large, and will therefore not go into, or up steep driveways, so please make sure you advise the freight carrier of such conditions. We are not able to advise on the exact day and time delivery will occur, however we will email you the tracking details and the freight company contact details and they can provide you a better estimation of the time. E&Oe* – T&c’S*
Depot Pick up’s : If you would like to pick up the order from our/your local freight depot you can request this option in the delivery instructions, and we will notify you of the courier depot details for your area, subject to depot availability
Heavy Items : If your order is made up of single boxes that exceed 35 Kg per box, and you do not select Heavy item/Tail Drop you will be required to assist the driver with unloading