These terms and conditions form a contract
between us. You
agree that when you purchase from SkyFit Pty Ltd you are bound
by the terms of this contract. You also agree that you
have read and understood the terms and conditions contained
in this notice.
These terms and conditions apply to
a sale of goods between you and SkyFit Pty Ltd. We may amend these terms and
conditions from time to time without notice to you. You
are bound by the terms and conditions operating at the
time you purchase goods from us.
Goods displayed on our websites
or in our television infomercials are an invitation to
treat only. We reserve the right
to accept or reject your offer to purchase our goods.
All
prices include the Goods and Services Tax (GST). Prices
quoted on our websites or on our television infomercials
may vary from time to time. If you purchase goods from
our website, then the price you pay is the price quoted at
the time you place your order with us. If you purchase
goods by calling our call centre, then the price you pay
is the price advertised on our infomercial at the time
you place your order with us. You understand that the price
quoted on our website may differ from the price quoted
by our call centre operators or advertised on television.
Access to our
websites are provided by your internet service provider
(ISP). You
agree that we are not responsible for any failure of your
ISP or your computer.
We will dispatch your order to you within
30 days after we receive your order and accept it. You agree that
we are not responsible for any delay in delivery where that
delay is caused by circumstances beyond our control. These
circumstances may include, among other things and without
limitation, acts of God, adverse weather conditions, natural
disasters, strikes or international actions.
If your order
is delayed for any circumstance beyond our control, you
agree that we will not be responsible for any loss or damage
you may suffer from that delay. Our
liability is limited to repay you the amount of money you
have actually paid us for the goods.
You must provide us with
a valid postal address as well as your current residential
address. You
expressly agree that we are not responsible for any lost
or misdirected mail or shipment to you.
Risk in the goods
passes to you when the goods are taken from storage at
our warehouse for delivery to you. We
recommend that you insure the goods until delivery to you.
Title
in the goods remains with us until payment in full. If
you fail to pay for the goods within the time agreed we reserve
the right to enter your premises to recover the goods. You
expressly authorise us to enter your premises or premises
on which the goods may be stored. You understand
and agree that you must inform any receiver, administrator,
receiver and manager or trustee who may be appointed to
manage your property or affairs that we retain title to
any goods you may have purchased from us and for which
you have not paid in full.
You must pay postage and handling charges
for each item you purchase from us. These charges
are in addition to the purchase price and are not ordinarily
refundable.
If you return your product for whatever
reason, you must pay
return postage and handling or delivery charges. This is in addition to the postage and handling charges for sending the product to you. For the absence of any doubt, if you fail to collect your product from Australia Post you agree that we may consider the non-collection as a return of the product by you. You authorise us to debit your credit card for postage and handling charges and for the return postage and handling or delivery charges.
We may advertise a 30 day money back
guarantee on our website or on our television advertising
or other media. If
you return goods under the 30 day money back guarantee, you
must do so within 30 days. Time under this clause
commences from the date the goods leave our warehouse for
shipment to you.
If you return goods after the expiry of the
30 day period, we reserve the right to refuse to accept the
goods and to return the goods to you at your cost.
We may
from time to time advertise different prices or money back
guarantee periods, or reduced money back guarantee periods,
on our website. These prices or money back
guarantee periods may differ from those advertised in other
media such as our infomercials on television. You
may only rely on the prices or guarantee periods provided
in the media from which you elect to purchase and on no
other media, advertising or material.
You must follow our return
procedure. We reserve
the right to refuse to accept receipt of any returned goods
on which postage or delivery charges have not been paid. We
reserve the right to return the goods to you at your cost
if you do not comply with our product return procedure.
You
expressly agree that we are not responsible for any lost
or misdirected mail or items you have sent to us. We
recommend that you return products by registered post.
We
exclude all conditions and warranties whether express or
implied when you purchase goods from us other than for personal,
household or domestic use.
Where goods are faulty, not fit
for their intended purpose, or are misdescribed, you must
contact our customer service by email at info@skyfit.com.au immediately you become aware that the goods are faulty,
not fit for their intended purpose or are misdescribed. Our customer service operators
will give you a product return number. You must quote
this number accompanied with your original receipt when
you return the goods to us.
If you become aware that goods are
faulty, not fit for their intended purpose, or are misdescribed
you must not delay in notifying us. We reserve the right to refuse
to consider a claim unless you make your claim within a reasonable
time. For the purposes of this clause, 30 days is
a reasonable time for you to notify us.
When you return goods
in accordance with clause 18, we will pay the reasonable
cost of the return of faulty goods.
When you return
goods to us, we may, at our absolute discretion:
refund the cost of the goods;
repair the goods or pay for the cost of repairs to
the goods;
replace the goods (to a maximum of two times);
supply you with an equivalent product;
supply you with a credit note.
If we refund you the cost of goods,
the refund will only apply to the amount that you have
paid for the goods. If
you have not paid the full purchase price you will only
receive the actual amount that you have paid.
We reserve the right
to investigate the alleged fault upon receipt. If
you have caused the fault in any way, or you have damaged
the goods, or you have made the goods unfit for their purpose,
or the goods were damaged during delivery or shipping to
you, we reserve the right to return the goods to you at
your cost and to charge you the full price of the goods.
You
acknowledge that we are not the exclusive suppliers of
some products. You acknowledge that some of the
products we advertise for sale may be available at other
suppliers that are independent to us. You must not
return goods to us that you have purchased from another supplier. We
shall return to you any goods that you have not purchased
from us at your cost. You authorise us to provide
your personal details to any law enforcement agency if
you claim a refund, repair or replacement from us to which
you are not entitled.
You must retain your receipt as your
proof of purchase from us. We may ask you to send
it to us to verify your claim.
You must ensure that when you
return goods to us that you return the goods in their original
packaging complete with all the contents that were sent
to you.
From time to time we may advertise a product on the basis that you may buy that product and obtain another identical product at no cost other than payment of postage and handling costs. If you return goods to us for any reason you must also return the second product you obrained from us.
When you return goods to us you must enclose
the following details:
Your name and address;
Your invoice number;
Your product return number;
A contact telephone number.
You agree that you are over the age
of 18 years. If
you are under the age of 18 years we reserve the right
to refuse you service.
You must pay for the goods you order
and retain beyond the 30 day money back guarantee period. We may enter
into a periodic payment arrangement where you authorise us
to debit the purchase price together with postage and handling
charges from your nominated credit card in equal monthly
instalments. If you do not specify payment by periodic
payment from your nominated credit card then you authorise
us to debit the purchase price together with postage and
handling charges from your nominated credit card.
We reserve
the right to charge you interest on outstanding balances
on your account at the rate of 9% per annum calculated daily
on the outstanding balance.
Your credit provider may charge
you for using your credit card to make payments. You
acknowledge that may have incurred fees or charges charged
by your credit provider and you cannot claim reimbursement
of these fees or charges from us for any reason whatsoever.
If
you fail to pay an instalment of your payment, or your
credit is declined for any reason, we may do a number of
things at any time at our sole discretion. We may refer
your details to a collection agency, take proceedings against
you, or attempt to enter your premises to seize goods to
which we retain title. We may not take action against
you immediately if you fail to pay us or do anything to
breach this contract but you cannot construe that inaction
as a waiver of our rights or of your breach of contract.
These
terms and conditions and any conditions and warranties implied
by law embody the whole agreement between us and cannot be
modified without the written consent of either of us.
If any
words, sentences or clauses in this contract are illegal
or unenforceable then this contract does not include them. The
rest of this contract remains with full force and effect.
This
contract is governed by the laws of the State of New South
Wales. The parties irrevocably
submit to the exclusive jurisdiction of the courts of New
South Wales.
We may need to assess your credit worthiness. You
authorise us to make enquiries or request reports from
credit reporting agencies, financiers, credit providers
or any information source whatsoever. You authorise
the information source or sources we select to provide
us as permitted by law with information about your credit
worthiness. You authorise
us to provide information about your credit worthiness
to a credit reporting agency.
