Conditions of sale
Technogym Conditions of Sales
The goods are described in the relative specification sheet available on our website and goods are available from Technogym for you to make an offer to Technogym to purchase at the specified price until removed from the website or as otherwise specified, and where Technogym accepts your offer, Technogym will sell the goods to you in accordance with these terms. You may make an offer to Technogym via the website.
The “Technogym” logo and words are registered trademarks of Technogym SpA and Technogym Australia Pty Ltd is an authorised user of the registered trademarks in these terms:
- “you”, “user”, “member”, and “guest” means anyone who visits and/or uses our website.
- a reference to a “third party” in these terms includes a reference to any agent or contractor of Technogym or any related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of our website or in the fulfilment of Orders made through the website, and includes any of them.
- a reference to the “website” means technogym.com/au.
- “Order” means an offer made by you in response to an invitation to treat made by Technogym via the website.
Technogym may use subcontractors for the performance of the transport service and/or installation of goods and/or other services detailed in the purchase Order.
- Execution of the agreement
Any Order and/or purchase made by you using our website is an acknowledgement that you:
- Are over the age of eighteen (18) years;
- Accept these terms;
- Agree that you have entered into a legal contract with Technogym in relation to these terms: and
- These terms, together with your Order, constitute the entire agreement between you and Technogym for the supply of goods.
By using our website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you. These terms may be amended at any time without notice and your access to our website may be terminated at any time without notice. Your continued use of our website
following such amendment of these terms will represent an agreement by you to be bound by these terms as amended. You should review these terms for amendments each time you use our website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
You should choose carefully when placing your Order for goods as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. You must carefully review any proposed Orders before adding them to your shopping cart and proceeding with your Order.
Representations of goods for sale made by Technogym via our website do not constitute an offer to sell but an invitation to treat. You and Technogym may enter into a contract for the sale and supply of goods by you making an offer via our website to purchase goods at the price advertised on our website by:
- Selecting the relevant item/s and placing them directly into the shopping cart;
- Submitting the electronic Order for the goods and confirming your Order by selecting the “Purchase Now” button or other button of confirmation;
- You making payment in full (including any applicable delivery charges) on the website; and
- The acceptance of that offer by Technogym.
When entering into a contract via the website, you will be taken to have communicated your offer to purchase the good(s) only when:
- Any requirements set out in these terms have been met;
- The electronic instruction containing the offer from you enters and is recorded in our database;
- A record is created and stored in our database; and
- Technogym receives in its account full payment from you for the good(s) (including any applicable delivery or other charges) and confirmation that the payment is received by our database.
You acknowledge that:
- the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Technogym for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer or telecommunications, or the omission or failure of third party website providers or systems;
- to the extent permitted by law, Technogym is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
- Technogym may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
- Technogym may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
Upon receipt of your Order Technogym will acknowledge receipt as soon as practicable after you have confirmed your Order and made payment in full. If you have any questions regarding your Order you may contact us. If your Order is not accepted by Technogym, Technogym will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed. Technogym may, in its sole and absolute discretion, accept or reject any offer made by you for any reason, including an error in the advertised price for, or description of, the goods on the website, or an error in your Order. If Technogym cannot supply particular goods, Technogym will notify you by telephone or email as soon as possible. Technogym will be deemed to have accepted your Order on the first to occur of issuing of a tax invoice for the sale or by the fulfilment of your Order.
2 Availability of the Goods
Technogym shall use reasonable efforts to ensure that the prices and any information related to the goods sold through the website are at all times correct and up to date. However, Technogym does not guarantee that all goods displayed on the website, in a given moment, are also available for sale through such means. Technogym reserves the right to modify, at any time and without prior notice, the goods, their description, price and availability. However, any change in price and/or other specification of the goods will not be applicable to goods ordered through the website for which you have already received the Order Confirmation.
3 Price and methods of payment
All prices of the goods available on the website are inclusive of Goods and Services Tax (“GST”) where applicable. Prices displayed may not include delivery, handling or other charges. Prices are subject to change but any such changes will not affect the Orders already accepted by Technogym at the time of the price modification. Images of goods shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of goods are not included in the price. Technogym reserves the right to correct any errors published on the website.
All payments must be made in full prior to delivery. Payments may be made via PayPal, credit card, debit card or direct bank deposit via secure payment gateway facilities accessible via the website. Technogym uses the Ingenico Group for secure payments via these methods and such payments will
be subject to any terms and conditions of these providers. To the extent permitted by law, Technogym will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a chosen method of payment is fraudulently used or is used in an unauthorised manner. Further information regarding the applicable payment terms for the chosen method of payment can be found in the "Method of payment" section of the website.
4 Delivery and Transportation
Subject to you complying with these terms and acceptance of your Order by Technogym, Technogym will sell and supply the goods to you as shown on your Order confirmation. Products may not be available for immediate delivery. Technogym will endeavour to deliver your Order to you within fifteen (15) days of the date that you placed your Order. When you complete your Order you will be prompted to select whether you wish to collect your Order from a Technogym Store or to have the Order delivered to an address specified by you. Other than in respect of Orders from regional or remote areas, if Technogym gives you notice that it will be unable to deliver your Order within ten (10) business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Technogym will arrange for a full refund of any payment made by you to be processed. Delivery times may be greater than ten (10) business days for regional or remote areas.
Technogym Technogym uses Delivery Agents to deliver your goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your goods. We are not able to deliver to PO Box addresses. Delivery is usually available within Australia limited to metropolitan areas within ACT, NSW, QLD, VIC, WA and SA.
For Big and bulky goods, delivery may be limited to metropolitan regions within ACT, NSW, QLD, VIC, WA and SA, unless otherwise agreed between Technogym and you and confirmed in writing.
Where the Delivery Address is outside of metropolitan regions, we encourage you to call us on (02) 8883 0172 or contact us via email at firstname.lastname@example.org to confirm delivery availability and to provide you with a delivery quote before you submit your Order. If an Order is submitted, but the Delivery Address is not within metropolitan regions, we will contact you to provide you with delivery availability and a quote for delivery. Where you reject the delivery quote, we will refund any money paid to us.
a Technogym cannot guarantee that delivery will occur in the delivery time frames; and
b Technogym is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
Delivery of goods will take place at the Delivery Address specified by you in the Order. If you are not personally available to accept delivery, you may appoint a representative to accept delivery in your place. Any representative must be over 16 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative's instructions as if they were your own.
On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as photo ID. Technogym may not make delivery of the goods if the person receiving the goods is unable or unwilling to provide satisfactory evidence of proof of identity. To ensure delivery can take place, you agree to give us as much detail as possible about particular features of the Delivery Address in advance by WHEN placing your Order. This includes, without limitation:
a . restricted access or restricted parking for our truck;
b. restricted or limited access to the premises; or
c. for Big and Bulky goods, if you have narrow doors, spiral staircase or tight corners.
If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery or for any other reason delivery cannot take place, an additional delivery fee may be charged.
You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay additional Delivery Fees.
Once delivered, you must inspect and test the Goods and ensure the Goods delivered match your Order. You must let us know about any damaged, missing and incorrect Goods as soon as possible by telephoning us on (02) 8883 0172 or emailing us at email@example.com.You can otherwise return Goods under clause 5 (below). Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any returns due to you changing your mind about your purchase will attract another Delivery Fee.
For Big and bulky goods, you must ensure you will be available to accept delivery at the Delivery Address on the delivery date as agreed between you and Technogym's Delivery Agent. If you are not available and redelivery is required, a calling card will be left for you to arrange redelivery. Where redelivery is required because you were not available at the agreed time, you consent to paying additional Delivery Fees as required by the Delivery Agent.
Some Big and bulky goods may require assembly and mandatory fixing to the ground, wall or ceiling as specified in the handbook or installation guide. You are responsible for ensuring the site for installation and fixation to the ground, wall or ceiling is suitable and meets safety requirement to be able to comply with the specifications set out in the handbook or installation guide. Technogym cannot and will not accept responsibility for installation and fixation to the ground, wall or ceiling that is carried out contrary to the specifications outlined in the handbook or installation guide.
Technogym cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
Where you select to collect your Order from a Technogym Store, a representative of the relevant Technogym Store will contact you by telephone or email to notify you when the Order is available for collection. Orders for collection at a Technogym Store must be collected within 21 days of the relevant Technogym Store giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Technogym Store has the right to allocate those goods to another customer and reorder the goods for you.
Title and risk in the goods, such as loss and damage, pass to you on delivery or collection.
5 Damaged or Faulty Goods and Refund Policy
If any goods ordered by you arrives damaged or is not fit for its intended purpose you may have:
- Rights under the Refund Policy;
- Legal rights and remedies in Australia under the Competition and Consumer Act 2010 (Cth) and other rights under the consumer laws applying in each Australian State and Territory; and/or
- To have the goods repaired or replaced or to receive a refund of the price paid by you for the goods.
Please choose carefully as Technogym will generally not provide you with refund or exchange simply because you changed your mind or the goods are not what you expected. If your Order arrives damaged, please contact us by telephoning us on (02) 8883 0172 or email us at firstname.lastname@example.org.
6 Multimedia Content
In the event that your Order contains multimedia content, the description of the multimedia content shall be included in the description of the goods. The multimedia content will be made available by Technogym through the activation of an account that will be assigned to you during the registration process. Your access to the multi-media content will require the use of a device which can access the mobile or fixed network which is compatible with the platform used by Technogym for its multimedia content. The compatibility of your device to the platform is your responsibility. The commencement date for the multimedia content is the account activation date.
The activation and maintenance of the account for multimedia content is your responsibility and activation of the multimedia content does not include free updates or upgrades of the multi-media content once it has been activated.
7 Warranty and Assistance
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
-to cancel your service contract with us; andto a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
We warrant that any new goods purchased as part of your Order will be fit for purpose and perform in accordance with its specifications, subject to:
- fair wear and tear;
- the goods being used in accordance with any instructions for use; and
- proper maintenance provided at the time of delivery, for a period of two years from the Delivery Date.
The warranty covers free replacement of any defective parts in order to restore function of the goods or, at our option, a replacement of the goods if we do not believe that it can be repaired by replacement of parts. It includes the costs of labour and shipment.
To the extent permitted by law, the warranty does not apply to wires, padding or parts in rubber and plastic.
8 Seller's Liability
To the extent permitted by law, we are not liable for use of goods used in any way that does not comply with the instructions in the specifications or illustrative sheets, or for use by persons in unsuitable physical conditions, as the users should consult their medical practitioner before commencing any form of exercise regime. The users should use the goods purchased, only after reading the instruction manual and use the goods or multimedia content correctly in strict observance of the safety regulations.To the extent permitted by law, our liability for losses you suffer as a result of us breaching this agreement or in relation to any good or service provided by Technogym is strictly limited to the purchase price of the good or service you purchased. This does not include or limit in any way our liability:
a. for death or personal injury caused by our negligence; or
b. for fraud or fraudulent misrepresentation
This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth) or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
To the extent permitted by law, each of Technogym excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to Technogym’swebsite including, but not limited to, loss or damage you might suffer as a result of:
a. errors, mistakes or inaccuracies on the website;
b. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
c.personal injury or property damage of any kind resulting from your access or use of the website and/or any linked website;
d. any unauthorised access to or use of any of the websites secure servers;
e.any interruption or cessation of transmission to or from any of the website and/or any linked website;
f.any bugs, viruses, other harmful code or communications which may be transmitted to or through the website by any third party; and/or
g. the quality or fitness for any purpose of any linked sites.
Except as expressly provided in these terms, and to the fullest extent allowed by the law, Technogym will not be liable for any direct, indirect, special, incidental or consequential losses or damages arising out of or in connection with your access to or use of any part of Technogym’s website (including without limitation any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time), however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. To the extent permitted by law, you at all times indemnify, and keep indemnified, Technogym, including directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on an indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
This clause is not intended to exclude or limit any guarantee, term, condition or warranty, right or remedy implied or imposed by any statute or regulation that cannot lawfully be excluded or limited, including without limitation under the Australian Competition and Consumer Act 2010 (Cth)).
Technogym will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
9 Privacy and data processing
The privacy of your personal information is important to Technogym. Technogym and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us. Personal information may include your name, residential and/or postal address, telephone number and email address. Your personal information is not collected if you only browse this website. Online payments are handled by Paypal and by Ingenico Group. Technogym does not store your credit card or banking details. Please check www.paypal.com.au and www.ingenico.com websites for details of their privacy policies and security measures.
Technogym and its authorised third parties may use your personal information for the purposes for which you give it to any of them and for its own internal purposes. You agree that Technogym and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Technogym thinks may be of interest to you. If you would prefer not to receive promotional or other material from Technogym or its third parties, please let us know and Technogym will action your request. You also agree that Technogym may contact you by telephone to arrange delivery or collection of your Order.
10 Applicable law. Exclusive place of jurisdiction.
These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia. If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Technogym.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Technogym.
If Technogym merges, sells or otherwise changes control of its business or this website to a thirdparty, Technogym reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Technogym has collected from you and any agreements it has made with you.
The failure by Technogym to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Technogym.
If you have any query about the progress of your Order please contact us by telephone on
(02) 8883 0172 or email at email@example.com.