Terms & Conditions

1. Acceptance of Terms of Use and Terms & Conditions and Amendments.

Each time you use or access this website, you agree to be bound by the Terms of Use and the Terms & Conditions ("Terms") which may be amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms. Please see our Privacy Policy, which is incorporated into these Terms by reference.

 

2. Our Service

 

You agree that the owners of this web site exclusively reserve the right and may at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

 

3. Your Responsibilities and Registration Obligations

In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least eighteen (18) years of age or older. When registering, you explicitly agree to our Terms of Use as it may be, or modified by us from time to time, available here.

 

4. Privacy Policy

 

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

 

5. Registration and Password

 

You are responsible to maintain the confidentiality of your password and shall be responsible for all users via your registration and/or login, whether authorised or unauthorised by you. You agree to immediately notify us of any unauthorised use of your registration/user account or password.

 

6. Your Conduct

 

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

 

7. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or be responsible in any manner for any of your dealings or interaction with third parties.

 

8. Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

 

9. Disclaimer of warranties

Your understand and agree that your use of this web site and any services or content provided (the "service") is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

 

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

10. Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

 

11. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent. We reserve the right to change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website.

 

12. Notification of Copyright Infringement

 

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us.

 

13. Applicable Law

 

You agree that these Terms and Conditions and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the country or city where the headquarters of the owner of this web site is located.

 

14.Miscellaneous Information

(i) In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

 

15. Return Policy

 

  • You must call Customer Service at +27 31 304 7137, Monday-Friday, 8am-4.30pm for a return authorisation number (RA#).
  • You will pay all return shipping expenses.
  • Items must be returned within 30 days of receiving your RA#.
  • Fitness Warehouse SA is CPA compliant so you may elect to return goods subject to all terms and conditions as laid out by the CPA from time to time.
  • Printed Circuit Boards are sold "voetstoets" and may never be returned. Please do not purchase this item if you do not accept the "voetstoets" policy. No goods will be accepted if removed from the original packaging. Must be in "sold as new" condition.
  • Overlays cannot be returned if the peel-off backing has been removed. Must be in "sold as new" condition.
  • Items must be returned in "sold as new" condition.  Items that are not in "sold as new" condition will not receive credit.
  • When items are received and determined to be in "sold as new" condition, you will receive credit for the item minus the restocking fee.
  • All unauthorised returns will be subject to a 15% processing fee in addition to the restocking fee.
  • No returns on special order items
  • No returns on non-warranty items

 

16. Product Availability

 

  • Lead time is dependent upon stock availability. Should stock be available orders will be dispatched the same day provided payment is received and validated before 13:00 hours. Please note that this only applies to small items that may be carried by an individual. All large items may take at least 48 hours to process.
  • Should the product not be in stock please allow10-14 working days plus freight & transit time. This will allow for manufacturing and delivery from our warehouse. In the case of special import orders please allow between 6 to 12 weeks for delivery.
  • Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence Fitness Warehouse SA Pty Ltd will contact you via email/phone and provide a revised shipping schedule.

 

17. Delivery

 


While we use courier services to deliver most small items we recommend the use of dedicated delivery/installers for larger items that may require qualified installation. Our team will contact you to make the necessary arrangements upon confirmation of order.

 

18. Delivery Costs

 

Delivery is calculated according to order. More accurate delivery/installation prices can be obtained through our sales team at sales@fitnesswarehouse.co.za or by contacting us on +27 31 304 7137. Large orders are priced per truck load. Our team will obtain the best possible delivery price for you and quote on installation if required.

 

19. Undeliverable Packages

Packages that are returned as undeliverable will incur a further charge for delivery the second time round.

Note: Fitness Warehouse SA Pty Ltd recommends that you use Speed Services Couriers (South African Postal Services) for all returns as it offers shipment tracking through a 24 hours customer helpline. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost then no refund or return will be considered.

 

20. Restocking Fees

 

Restocking fees are calculated from the date of delivery to the customer.

Within 10 days: 10% of cost of returned items
11 - 20 days: 15% of cost of returned items
21 - 30 days: 20% of cost of returned items 
31 days and over 40% of cost of returned items     

 

21. International customers

Customers must use a courier that offers:

  • Shipment tracking.
  • Insure your goods
  • Declare full values.

 

All export orders are tax exempt provided that the transport/courier service is handled and sourced by us. We Do NOT ACCEPT purchases by credit card from International buyers. Only EFT (Electronic Fund Transfer) will be accepted as payment

 

22. Payment Options and Pricing

 

All transactions will be processed in South African Rands (ZAR). Fitness Warehouse SA Pty Ltd endeavours to offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping).

                                                                     Fitness Warehouse reserves the right to change pricing at any time without prior notice.


Credit Card

 

We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready! Sorry for the inconvenience.

EFT (Electronic Fund Transfer)

 

One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load Fitness Warehouse as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.

 

Banking Details

Bank                           : Standard Bank
Branch No.                  : 040826
Account Name             : Fitness Warehouse SA Pty Ltd
Account No.                 : 242474322
Account Type               : Current

 

Direct Deposit

 

You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please fax through your deposit slip to us on 031 301 9013 to ensure your payment is confirmed and order shipped as quickly as possible. 

Please note that we will only accept a direct deposit if paid in cash. No cheques accepted.

Banking Details:

Bank                           : Standard Bank
Branch No.                  : 040826
Account Name             : Fitness Warehouse SA Pty Ltd
Account No.                : 242474322
Account Type              : Current

For more information about how to order, special order requirements and other payment options, please contact our Support Team - details below

 

23. Security Policy

 

PayFast process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate PayFast to obtain confidential information.

 

PayFast is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions.PayFast Internet servers are protected by firewalls and intrusion detection systems.

 

The Merchant does not have access to credit details.

PatFast continually reviews and enhances its security in line with technological changes.

 

24. Monitoring

 

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website)

 

25. Law
 

All Conditions relating to your purchase from Fitness Warehouse SA Pty Ltd will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

 

26. Consent

 

I understand that all the designs and trademarks are registered to Fitness Warehouse SA Pty Ltd and I hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Fitness Warehouse SA Pty Ltd for any civil action or any legal action deemed necessary against me.

 

27. Contact Details

 

Physical address: 15 Turners Avenue, Berea, Durban, 4007, Rep. of South Africa
Postal address: as above

Email address: sales@fitnesswarehouse.co.za

Phone number: 031 304 7137

Fax number: 031 301 9013