General Terms and Conditions of Sale

1. All goods and services (“Products”) supplied by Fit Supplements Pty Limited (“Fit Supplements”) are supplied on these terms and conditions.

2. No order shall be binding on Fit Supplements until accepted by Fit Supplements. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Fit Supplements of an order from the Customer. Fit Supplements reserves the right to accept any order in whole or in part. Where Fit Supplements makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Fit Supplements.

3. All credit orders are accepted by Fit Supplements subject to satisfactory credit approval of the Customer, which may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required before delivery. Where credit has been granted, payment for the Products is to be made on or before 30 days from the date of invoice. Payment must be made in full without set off or deduction. Fit Supplements will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.

4. Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Fit Supplements. Risk in the Products will pass on delivery to the Customer.

5. Returns

Please cross check all products against your original order and our packing list before opening, marking or using them. Any Products which are damaged or defective, delivered after their “use by” or “best before” date, or which are not otherwise in accordance with the Customer’s order, may be returned to Fit Supplements within 7 days of delivery, at no cost to the Customer provided a return authorisation number has been obtained from Fit Supplements.

a) provided that the customer does so within 7 days of delivery and a Return Authorisation number is obtained from Fit Supplements

b) provided that the Products are in their original packaging, unopened, of a current product and otherwise as new and in a saleable condition;

c) at the Customer’s own expense, or to the Customer’s account; and

d) on the basis that risk in the Products remains with the Customer until the Products are received by Fit Supplements, and that a restocking or return fee may be charged.

N.B. It is important to send a copy of your original invoice or packing slip with all returns.

6. Except for those required or implied by legislation, Fit Supplements gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that they have not relied on any representation or warranty made by or on behalf of Fit Supplements. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Fit Supplements under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or Fit Supplements to:

If the breach or liability relates to goods:

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

d) the payment of the cost of having the goods repaired;

If the breach or liability relates to services:

a) the supplying of the services again; or

b) the payment of the cost of having the services supplied again.

7. Except as expressly provided above, Fit Supplements shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Fit Supplements or the failure of Fit Supplements to comply with these terms and conditions.

8. These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Fit Supplements will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Fit Supplements reserves the right to change these Terms and Conditions at any time.

9. Fit Supplements reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.

10. These terms and conditions are governed by and will be construed in accordance with the laws of New South Wales and the parties agree to submit to the jurisdiction of the courts of that state.

11. The failure by Fit Supplements to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.

Should any of our Fit Supplements Value range fail to be an acceptable quality due to a major failure, you will be entitled to a refund and replacement. A major failure is defined as:

i) The product is significantly different from the description, sample or demonstration model advertised;

ii) The product is substantially unfit for its normal purpose and cannot be made fit within a reasonable time;

iii) A reasonable customer would not have purchased the product had they known there was a fault/defect; or

iv) The product is unsafe.

Simply lodge a valid claim with us within 21 days of delivery of a defective product, and you will be entitled to a refund and replacement. You may be asked to submit a photograph of the affected product along with your claim.

Should your claim be valid, we will refund the full purchase price of the product and replace it, either with the same product, or if unavailable, a comparable product of the same price. Freight costs may apply, although this will be confirmed during this claim process

If at any time you feel your consumer rights are being breached or that your claim is being handled unsatisfactorily, please contact Fit Supplements the easiest and quickest way is to email info@fitsupplements.com.au or alternatively call 0291 8888 63.