Terms and Conditions

In these terms and conditions:
The "Company" means Calibre Fitness
The "Customer" means the customer referred to overleaf.
"Products" means the goods specified overleaf and/or the goods to which this invoice relates.
"Product Price" means the purchase price of the Products and any costs payable in connection with the delivery of the Products (including but not limited to any delivery and freight charges, insurances and any other charges, duties, taxes, fees or expenses incurred in connection with the purchase or delivery of the Products).

Terms of Supply

All products sold or supplied by the Company to the Customer are sold on these terms and conditions. These terms and conditions (which can only be waived in writing by the Company) shall prevail over the terms and conditions of the Customer's order to the extent of any inconsistency.

Products

Calibre Fitness advises you to undertake further research into products you intend to purchase, including on the manufacturer’s website, and is not responsible for variations between product description on this site and those of the actual product. Many manufacturers brand an identical product with more than one name, and you should be aware that we or the manufacturer may deliver to you the exact item you ordered except that it may have a brand that differs from the image on the website.

Warranties are manufacturer's warranties. Precise details of warranties are provided in the product documentation which accompanies the product or which is available from the manufacturer prior to purchase. To the extent that this website and the manufacturer's warranty information vary, the manufacturer's information prevails.

Prices

Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.

Goods and Services ("GST") and Other Taxes

Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.

Delivery

Calibre Fitness uses multiple freight companies and we will determine which will be the best option for your order. The delivery times are indicative only and we will not be liable for any failure to observe these delivery times. The delivery costs are indicative only (see “Prices” above), and may need to be increased for certain distant regional areas.

From time to time a "Free freight" promotion may be offered on a limited range (e.g. ‘free freight on upright bikes to capital cities’). In the event that a customer orders an item not covered by that promotion, or orders it to an area not covered by that promotion (e.g. not an upright bike, and/or not to a capital city), we will adjust the freight charge to the standard minimum freight charge and make note of this in your admin panel prior to processing the order. The limitations of the promotions are clearly stated on the website, and a customer submitting an order for "Free freight" without complying with those terms does not signify that we accept the order without any freight charge.

Limitation of Liability

To the fullest extent permitted by law and except as specifically provided in these terms and conditions, all express and implied warranties and conditions under statute or general law as to merchant ability, description, quality, suitability or fitness for any purpose or otherwise are expressly excluded. If any warranty cannot be excluded then to the fullest extent permitted by law the Company’s liability shall, with respect to that warranty, be limited at the option of the Company to:
(a) the replacement of the relevant Products or the supply of equivalent Products; or
(b) the cost of replacing the relevant Products or acquiring equivalent Products.
To the fullest extent permitted by law the Company shall not be responsible or liable for any special, indirect or consequential loss or damage.

Waiver

Failure or neglect by the Company to enforce any of these terms and conditions shall not be construed as a waiver of the Company’s right or affect the Company’s right to take any subsequent action.

Entire Agreement

These terms and conditions supersede and replace any arrangements, representations, understandings or agreements made or existing between the Customer and the Company and (except as otherwise may be agreed in writing) constitute the entire agreement relating to the supply of the Products.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Calibre Fitness or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Calibre Fitness and protected by international copyright laws.

Governing Law

These terms and conditions shall be construed in accordance with the laws of Victoria, Australia.

Refunds and Returns

We do not expect you to have any problems with the goods you receive, however if you are not completely satisfied when receiving your order, please contact us within three (3) days of receiving the goods. For any minor issues, we will assist you over the phone. If items from your order are missing, faulty or damaged, we will deal with it accordingly.

If it does come to a stage where we have agreed to take a return of your item, please wrap goods securely for transit using the original packaging and enclose a covering letter explaining your reason for returning the goods. Ensure the package is wrapped and labelled carefully; you are still liable for the payment of goods until we have received them back.

We strongly advise you also obtain at least a proof of posting. We cannot accept responsibility for parcels lost in transit. Returns will be sent at your own expense unless agreed otherwise. We will only refund the cost of reasonable postage where the item returned is deemed to be faulty.