Terms and Conditions

Please take a few minutes to review these Terms and Conditions. Your use of the Web Site constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use the Web Site.

Terms used in this contract

a. "Seller" means Orbit Health & Fitness Solutions, which is the seller of the Goods.
b. "Buyer" means the purchaser of the Goods.
c. "Goods" means the products purchased on this website

ORDERING ON WEBSITE

If you are under the age of 18 you are not eligible to purchase any "goods" on this website. By accepting these terms and conditions you acknowledge that you are over the age of 18.
This document consists of the Terms and Conditions together with your offer to purchase the "goods" you have selected constitute the entire contract between the "seller" and the "buyer" and describe your rights and responsibilities. All goods sold by Seller are sold on these conditions. The contract cannot be varied unless the "seller" agrees to vary in writing or email.
The "seller" reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. By continuing to use www.orbitfitness.com.au website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavor to alert you to any significant changes. Nevertheless, we advise that it is in your best interest to check our published agreement and policies from time to time so that you may acquaint yourself with any amendments at all times.
Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by Australian Consumer Law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.

GOODS ORDERED

By placing an order of any goods on this Web Site, the Buyer makes an offer to the seller to purchase the goods that the buyer has selected based on these Terms and Conditions. Information contained on this Website constitutes an invitation to treat. No information on this Website constitutes an offer by the seller to supply any goods. However the seller will make every effort to supply product to the buyer.
Title in the Goods passes to the Buyer on receipt of the Whole of the purchase price by the Seller.
Confirmation of the buyers order is accepted when they receive an email from the seller confirming shipment of the goods the buyer has ordered.
A tax invoice will be supplied via email / with the purchased goods upon shipment or collection; however the seller does not formally accept the buyers offer until the buyers sales order had passed the sellers validation procedure for verifying the sincerity of each sales order placed, for the purpose of preventing credit card or ament fraud.
The "seller" reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion
If the Seller is unable to process or accept the buyers order after payment is received the seller will contact you by phone or email to offer refund and/or alternatives.
The Seller may, at its discretion, accept payment of part of the purchase price of the Goods as a deposit on the Goods. If the Seller does so, then there will be a contract between the Buyer and Seller for the sale of the Goods for the purchase price, and the Seller will set aside the Goods pending payment of the balance of the purchase price by the Buyer for a period of 30 days. If the Buyer does not pay the balance of the purchase price Within 30 days, then:

a) the contract between the Buyer and the Seller will be at an end;

b) the deposit paid by the Buyer will be subject to a 20% re-stocking fee;

c) the Seller may sell the Goods to any party.
The Buyer acknowledges that (subject to clause 8):

a) to the extent provided by law, the seller does not warrant that the items are fit for any particular purpose or intended use by the Buyer and the Buyer must be satisfied that the items are so fit;

b) prior to the purchase of the goods, the Buyer conducted a thorough research of the goods and has relied solely on that research to purchase the goods;

c) the Seller does not exclude, restrict or modify any statutory right that the seller has or statutory liability of the seller which cannot be excluded` restricted or modified except to a limited extent, including rights and liabilities under Part V of The Trade Practices Act, 1974 (Cm) or corresponding state legislation or Australian Consumer Law
The guarantee of the manufacturer of the Goods (if any) is accepted by the Buyer and is the only guarantee given to the Buyer in respect of the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any Warranty or entitlement to the goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any Warranty or entitlement is assignable.
To the extent permitted by law and subject only to any express exceptions contained in the Warranty, the seller will not be liable for physical or financial injury, loss or damage of any kind arising out of the supply, installation or operation of the items or the supply of the services or arising out of negligence by the seller or in any way whatsoever.
If any Goods supplied pursuant to these conditions are supplied to the Buyer as a “consumer” of goods or services Within the meaning of that term in the Trade Practices Act 1974 as amended or similar State legislation the consumer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Trade Practices Act 1974 as amended or Australian Consumer Law or similar legislation is so conferred. However, if the Goods are goods not ordinarily acquired for personal, domestic or household use or consumption pursuant to s.68A of the Trade Practices Act and similar provisions of relevant State legislation, the Seller limits its liability to payment of an amount equal to the lowest of:

a) the replacement of the Goods or the supply of equivalent goods;

b) the repair of the Goods;

c) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or the payment of the cost of having the Goods repaired.
Unless otherwise stated all prices quoted by Seller are net, inclusive of Goods and Services Tax (GST).
The Seller, in its reasonable discretion that if an item or part of an item is defective, the seller will repair the defect or provide a full refund.
The contract for sale of the Goods is made in Western Australia and the parties submit all disputes arising between them to the courts of such state or territory and any court competent to hear appeals from those courts of first instance.
Accessories, display items and other pictures are not included in the price unless otherwise stated.
If the Buyer is not fully satisfied with the purchase please refer to the Returns & Refund section for details on how to obtain a refund.
All bonuses and cash backs are by redemption unless otherwise stated
Credit card surcharges may apply
The Seller accepts Visa, MasterCard, Diners and Amex. A surcharge may apply to Diners and Amex cards. Once all information required has been received only then will payment processing begin. The seller does not accept credit cards issued by banks outside of Australia.
The Buyer may be required to provide further identification for additional security reference checks.
Goods purchased on weekends and Public holidays will be processed on the next business day. (Business days are Mon-Fri, excluding public holidays)

GOODS ORDERED ON PAYMENT PLAN

The seller offers a payment plan which is only available instore and not on the website.

DELIVERY

Delivery is based on a door to door (drop off only), Monday to Friday. This means that deliveries are made to the front door only. After hours will incur and additional charge.
Any deliveries that have any steps (stairs) will require an additional driver to attend the drop off and this will incur additional costs. Please disclose on purchase if there is any accessibility hindrances to the front door access. Eg. Stairs, steps, narrow pathway, gates, no parking bays, construction etc.
Delivery of products requested by the Buyer will be delivered to the nominated shipping address that the Buyer has nominated. The delivery fee is determined by either the weight or dimension and the destination. Contracted delivery agents will be nominated by the Seller to deliver the product/s.
Delivery charges are based “per order”. If your order is oversized or outside Perth, Western Australian metropolitan area, it will be priced on application
Please ensure that you enter the correct delivery address. Undeliverable products due to the incorrect delivery address will incur a re-dispatch fee. Original freight charges are non-refundable.
Specific delivery days requested, the seller will endeavor to meet, however due to our high volume of deliveries it is not possible to request specific times. The nominated date may need to be adjusted. In this event the seller will contact the buyer to re-arrange a new time.
Delivery time takes up to 10 working (business) days, excluding public holidays, from the date your payment is received, except by prior arrangement for after hours delivery. Every reasonable effort to deliver the product to the buyer within the estimated delivery timed indicated on the order confirmation. However, the Seller does not guaranteed that this delivery time frame will be met. Title and risk of loss to all products will pass onto the Buyer upon delivery.
In the event that of changes in supply or circumstances beyond the Sellers control and the product is not delivered within this time frame, please contact us at sales@orbitfitness.com.au or phone at 1300 13 42 13.
Upon delivery of the goods by the seller or arrangement of a contractor (courier service), the goods must be signed for by the Buyer or nominated person of the Buyer (Proof of eligible age may be requested), if the Buyer, or nominated person is not available, or has not made arrangements to take delivery, than the product not be delivered and will be return to the nominated warehouse. The seller or the contractor will leave a card requesting the Buyer to telephone them to arrange for another time and date for delivery. No goods will be dropped off under any circumstances unless there someone (eligible) is home to sign. Please note original freight charges are non-refundable and a re-dispatch fee will apply.
Certain products available to purchase through the Sellers website may be warehoused by the suppliers or manufacturers of those products, these include locations outside Australia. In this case there is typically an additional delay in delivery. Please contact us for the advised time of delivery by email at sales@orbitfitness.com.au or phone at 1300 13 42 13. The sale prices of these individual products does not include carriage, insurance or other such subsequent costs, except as expressly set out in the order.

E&OE / QUANTITY LIMITATIONS

Whilst the seller has endeavoured to accurately display the product with the correct picture and information, this may contain typographical errors and/or incorrect pictures. Thus pictures are for illustration purposes only. The Seller therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
If there are any errors, inaccuracies or omissions arising from technical or administrative error that relate to product description, pricing and availability, from an acceptance to such offer, will, in the Sellers discretion, be void.
The Seller reserves the right to limit quantities (including after the buyer has submitted an order and/or payment). The Seller apologies for any inconvenience this may cause.

DELIVERY

Delivery is based on a door to door (drop off only), Monday to Friday. This means that deliveries are made to the front door only. After hours will incur and additional charge.
Any deliveries that have any steps (stairs) will require an additional driver to attend the drop off and this will incur additional costs. Please disclose on purchase if there is any accessibility hindrances to the front door access. Eg. Stairs, steps, narrow pathway, gates, no parking bays, construction etc.
Delivery of products requested by the Buyer will be delivered to the nominated shipping address that the Buyer has nominated. The delivery fee is determined by either the weight or dimension and the destination. Contracted delivery agents will be nominated by the Seller to deliver the product/s.
Delivery charges are based “per order”. If your order is oversized or outside Perth, Western Australian metropolitan area, it will be priced on application
Please ensure that you enter the correct delivery address. Undeliverable products due to the incorrect delivery address will incur a re-dispatch fee. Original freight charges are non-refundable.
Specific delivery days requested, the seller will endeavor to meet, however due to our high volume of deliveries it is not possible to request specific times. The nominated date may need to be adjusted. In this event the seller will contact the buyer to re-arrange a new time.
Delivery time takes up to 10 working (business) days, excluding public holidays, from the date your payment is received, except by prior arrangement for after hours delivery. Every reasonable effort to deliver the product to the buyer within the estimated delivery timed indicated on the order confirmation. However, the Seller does not guaranteed that this delivery time frame will be met. Title and risk of loss to all products will pass onto the Buyer upon delivery.
In the event that of changes in supply or circumstances beyond the Sellers control and the product is not delivered within this time frame, please contact us at sales@orbitfitness.com.au or phone at 1300 13 42 13.
Upon delivery of the goods by the seller or arrangement of a contractor (courier service), the goods must be signed for by the Buyer or nominated person of the Buyer (Proof of eligible age may be requested), if the Buyer, or nominated person is not available, or has not made arrangements to take delivery, than the product not be delivered and will be return to the nominated warehouse. The seller or the contractor will leave a card requesting the Buyer to telephone them to arrange for another time and date for delivery. No goods will be dropped off under any circumstances unless there someone (eligible) is home to sign. Please note original freight charges are non-refundable and a re-dispatch fee will apply.
Certain products available to purchase through the Sellers website may be warehoused by the suppliers or manufacturers of those products, these include locations outside Australia. In this case there is typically an additional delay in delivery. Please contact us for the advised time of delivery by email at sales@orbitfitness.com.au or phone at 1300 13 42 13. The sale prices of these individual products does not include carriage, insurance or other such subsequent costs, except as expressly set out in the order.

RETURNS & REFUNDS

The Seller must receive notification of faulty, damaged, incorrect or missing product within 48 hours of the Buyer’s parcel being delivered and signed for. The Seller will provide instructions on how to return goods in an appropriate manner. Please refer to Return Policy for details.
The Seller will not provide a refund or replacement if the product has been misused, mishandled or incorrectly installed or serviced by the Buyer. It is the responsibility of the buyer to ensure that all instructions, advice or warning given by the manufacturer or supplier are followed.
The Seller will assess defective products and will take the necessary action to either replace or repair the purchased product. Whereas there is a ‘major failure’, the Buyer is entitled to a refund after such a failure is confirmed by the Seller’s service department or the Manufacturer.

INDEMNIFICATION

The Buyer agrees to indemnify and hold the sellers and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders harmless from any damage loss or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by the Buyer or the parties arising from any calm, demand, suit, action or proceedings by any person against the buyer or the parties where such loss or liability arises out of, in connection with or in respect of the buyers use of the Sellers website, any breach by the buyer of these Terms and Conditions and/or goods purchased by the Buyer from the Seller

LIABILITY LIMITATIONS

To the extent permitted by applicable laws, the seller does not accept any liability for:

any damage or injury of any nature caused by the use or misuse of products purchased from the Seller;
errors, mistakes or inaccuracies on the Web Site;
the buyer acting, or failing to act, on any information contained on or referred to on the Web Site and/or any linked website;
any unauthorized access to or use the sellers secure servers and/or personal information and/or financial information stored on those servers;
any interruption or cessation of transmission to or from the Web Site; and/or
any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Web Site by any third party.

Orbit Lay-by Contract Terms and Conditions

Lay-by is only available to customers spending over $500 on a single purchase.

A minimum of 20% deposit is required based on total invoice value.

Maximum lay-by period is 3 months/13 weeks from the date deposit is paid.

Fortnight installment payments are required unless agreed otherwise. Agreed payment term must be specified on purchase invoice, if not fortnightly.

Within two weeks of entering into a lay-by contract, the customer may only change products and services purchased ONCE. The new lay-by or purchase amount should not be less than the initial deposit.

Cancellation of lay-by within two weeks of contract may incur an administration fee of $35.00 Cancellation of lay-by after two weeks of contract but within the lay-by period may incur additional storage cost of $7.50 per week, on top of administration fee.

Balance of lay-by must be paid off within the 3 month period, unless an extension no longer than 1 extra month is granted by Orbit. If full payment is not received when the lay-by contract expires, the customer may have two options

1) Transferring the full paid amount, including deposit and installments, towards a non-refundable store credit valid for one month, or towards a new cash purchase of equivalent value.

2) Receiving partial refund, being full paid amount less $35 administration fee and $97.50(3 months) or $127.50(4 months) storage cost.

Orbit reserves the right to reject a customer lay-by request based on the nature and condition of the products and services, e.g. floor model, discontinued line, Hire machine.

Items on sale can be add to lay-by, however, the contract needs to be paid off before sale expires and no longer than 1 month from entering into contract.

The above terms and conditions also apply to pre-orders on items temporarily out of stock but are expected to be back in stock within three months.

By entering into a lay-by contract and paying an initial deposit, a customer acknowledges and agrees to above terms and conditions, and adheres to it during the contract period.

Valid from 1 January 2021

MISCELLANEOUS

These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of West Australia. Each party submits to the exclusive jurisdiction of the Courts of West Australia. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of the seller. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by the seller in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.