In these terms and conditions, “we”
“us” and
“our” refers to Real Body Enterprises Pty Ltd
(ABN 48 137 521 781). Your access to and use of all information on this
website including purchase of our product/s is provided subject to the
following terms and conditions.
We
reserve the right to amend this Notice at any time and your use of the
website following any amendments will represent your agreement to be
bound by these terms and conditions as amended.
We therefore recommend that each time you access our
website you read these terms and conditions.
Members
- In order to access the services provided on
this website, you must become a member. You must complete registration
by
providing certain information as set out on our membership/registration
page. Please refer to
our Privacy Policy
linked at the bottom of our home page for information relating to our
collection, storage and use of the details you provide on registration.
- You agree to ensure that your registration
details are true and accurate at all times and you undertake to update
your
registration details from time to time when they change.
- On registration, we provide you with a
password. On registration you agree to pay for our services as set out
on our
website.
- We
reserve the right to terminate your
membership at any time if you breach these terms and conditions.
Our Website Services
- Our services are provided to adults over the
age of eighteen (18) years. By
proceeding to purchase through our website, you acknowledge that you
are over 18
years of age.
- All prices are in Australian Dollars (AUD) and
are inclusive of GST. We
endeavour to
ensure that our price list is current.
Our price list can be accessed from our home page and
we reserve the
right to amend our prices at any time.
If you have placed an order, we undertake to fulfil
your order at the
price listed at the time you ordered.
Site Access
- When you visit our website, we give you a
limited licence to access and use our information for personal use.
- You are permitted to download a copy of the
information on this website to your computer for your personal use only
provided that you do not delete or change any copyright symbol, trade
mark or
other proprietary notice. Your
use of
our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright
Act 1968 (Cth), you are not
permitted to copy, reproduce,
republish, distribute or display any of the information on this website
without
our prior written permission.
- The
licence to access and use the information on our website does not
include the
right to use any data mining robots or other extraction tools. The licence also does not
permit you to
metatag or mirror our website without our prior written permission. We
reserve
the right to serve you with notice if we become aware of your metatag
or
mirroring of our website.
Product
Descriptions
- We
strive to ensure that our products are described as
accurately as possible on our website, however we do not warrant that
the
description is accurate. Where
we become
aware of any mis-description, we reserve the right to correct any error
or
omission.
- Images
have been provided for illustrative purposes
only and we do not guarantee that any image will reproduce in true
colour nor
that any given image will reflect or portray the full design or options
relating to that product.
Product
Orders
- Our
products are for sale to adults over the age of
eighteen (18) years. By
proceeding to
purchase through our website, you acknowledge that you are over 18
years of
age.
- Currently,
we supply and despatch our products to
customers within Australia only. Overseas enquiries can be made by
emailing sales@realbodyclub.com.
- We
endeavour to ensure that our product list is
current however we give no undertaking as to the availability of any
product
advertised on our website.
- All
prices are in Australian Dollars (AUD) and are
inclusive of GST. Our
price list can be
accessed from our home page via 'The Real Body Shop' and we reserve the
right to amend our
prices at any
time. If you have
placed an order, we
undertake to fulfil your order at the price listed at the time you
ordered.
- Packaging
and postage is an additional charge,
calculated at time of purchase.
- When
you order from us, we require you to provide your
name, address for delivery, your email address, telephone contact and
credit
card details. We
undertake to take due
care with this information; however in providing us with such
information you
accept that we are not liable for its misuse due to error in
transmission or
virus or malware.
- We
undertake to accept or reject your order within 7
days. We are not
required to give
reasons for rejecting your offer to purchase however the most likely
reason for
rejecting your offer will be that we do not currently have that product
in
stock, in which case you will be notified within two business days. We
do not accept
responsibility
for loss of orders due to technical issues.
- Once
you have submitted an order, you may not cancel
that order even if our acceptance or rejection of your offer is still
pending.
- Delivery
of your ordered product/s will be as set out
on our online store at the time of purchase as per your chosen method
of delivery/postage. Title
in the goods
passes to you when we have received payment.
Our terms of payment are set out on the order page.
Order
Cancellation Due To Error
- Where
a product has been listed at the incorrect price
or with incorrect descriptive information or image due to typographical
error
or similar oversight, we reserve the right to cancel a transaction. Where your credit card has
been charged, we will
immediately refund your credit card for the total amount debited.
Product
Returns
- We
undertake to offer an exchange or refund for any
product delivered to you that is faulty or is in a damaged condition. If you wish to return a
faulty or damaged
product, you must notify us within 3 days of receiving the goods
through our
designated “contact us” webpage with a description
of the goods ordered and a
description of the fault or damage.
- We
also undertake to exchange any undamaged product
purchased from us so long as it is returned unused and with proof of
purchase
within 30 days of purchase however we will not provide any refund of
such
purchase. If
undamaged goods are
returned to us for exchange, we do not refund any packing and postage
charges.
Return of undamaged goods for exchange is entirely at your cost and
risk.
- If
we are unable at the time of return to replace or
exchange returned goods, we undertake to reimburse your credit card for
the
amount initially debited for the purchase including packaging and
postage
charges.
- Once
you have notified us through our website that you
wish to return faulty, damaged or undamaged product/s, you may return
the
product to the address provided by our sales team along with your
receipt
and/or packaging slip.
Hyperlinks
- This
website may from time to time contain hyperlinks to other websites. Such links are provided
for convenience only
and we take no responsibility for the content and maintenance of or
privacy
compliance by any linked website.
Any
hyperlink on our website to another website does not imply our
endorsement,
support, or sponsorship of the operator of that website nor of the
information
and/or products which they provide.
- You may
link our website only with our consent.
Any such linking will be entirely your responsibility
and at your
expense. By
linking, you must not alter
any of our website's contents including any intellectual property
notices and
you must not frame or reformat any of our pages, files, images, text or
other
materials.
Intellectual Property
Rights
- The
copyright to all content on this website including applets, graphics,
images,
layouts and text belongs to us or we have a licence to use those
materials.
- All trade
marks, brands and logos generally identified either with the symbols TM
or ®
which are used on this website are either owned by us or we have a
licence to
use them. Your access to our website does not license you to use those
marks in
any commercial way without our prior written permission.
- Any
comment, feedback, idea or suggestion (called
“Comments”) which you provide to
us through this website becomes our property.
If in future we use your Comments in promoting our
website or in any
other way, we will not be liable for any similarities which may appear
from
such use. Furthermore,
you agree that we
are entitled to use your Comments for any commercial or non-commercial
purpose
without compensation to you or to any other person who has transmitted
your
Comments.
- If you
provide us with Comments, you acknowledge that you are responsible for
the
content of such material including its legality, originality and
copyright.
Disclaimers
- Wilst
we
take all due care in providing our services, we do not provide any
warranty
either express or implied including without limitation warranties of
merchantability or fitness for a particular purpose.
- To the
extent permitted by law, any condition or warranty which would
otherwise be
implied into these terms and conditions is excluded.
- We also
take all due care in ensuring that our website is free of any virus,
worm,
Trojan horse and/or malware, however we are not responsible for any
damage to
your computer system which arises in connection with your use of our
website or
any linked website.
- From time
to time we may host third party content on our website such as
advertisements
and endorsements belonging to other traders.
Responsibility for the content of such material rests
with the owners of
that material and we are not responsible for any errors or omissions in
such
material.
Limitation of
Liability
- To the
full extent permitted by law, our liability for breach of an implied
warranty
or condition is limited to the supply of the services again or payment
of the
costs of having those services supplied again.
- We accept
no liability for any loss whatsoever including consequential loss
suffered by
you arising from services we have supplied.
Indemnity
- By
accessing our website, you agree to indemnify and hold us harmless from
all
claims, actions, damages, costs and expenses including legal fees
arising from
or in connection with your use of our website.
Jurisdiction
- These
terms and conditions are to be governed by and construed in accordance
with the
laws of Qld and any claim made by either party against the other which
in any
way arises out of these terms and conditions will be heard in Qld and
you agree
to submit to the jurisdiction of those Courts.
- If any
provision in these terms and conditions is invalid under any law the
provision
will be limited, narrowed, construed or altered as necessary to render
it valid
but only to the extent necessary to achieve such validity. If necessary the invalid
provision will be
deleted from these terms and conditions and the remaining provisions
will remain
in full force and effect.
Privacy
- We
undertake to take all due care with any information which you may
provide to us
when accessing our website. However we do not warrant and cannot ensure
the
security of any information which you may provide to us. Information
you transmit to us is entirely at
your own risk although we undertake to take reasonable steps to
preserve such
information in a secure manner.
- Our
compliance with privacy legislation is set out in our separate Privacy
Policy
which may be accessed via the link from the bottom of our home page.
Company Details
- The registered offices of Real Body
Enterprises Pty Ltd (ABN 48 137 521 781) are at Level 16, 120 Edward
Street, Brisbane, QLD, 4000.
- Any enquiries relating to Real Body Enterprises
should be directed to ph: (07) 3392 0770 or email:
sonjafalvo@realbodyenterprises.com.