POLICIES
PRIVACY POLICY
This Privacy Policy (Policy) applies to R3-Fitness ABN 81 148 273 329 trading as R3-Fitness, its related bodies corporate and any business and training facilities in Australia they operate, the website www.R3-Fitness.com and any other website it operates (referred to in this Policy as we, our and us).
We are committed to managing personal information in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Privacy Act) and any other applicable privacy laws.
We are committed to protect your privacy.
When you order on our website, we can only successfully ship and update you on this order if we have your correct name, email address, billing address, delivery address, credit or debit card number and associated details.
To ensure the best service we also require a landline phone number in case we need to contact you. We might also give this number to our couriers in order to help with the delivery of your goods.
We appreciate that you trusted us with your detail and we guarantee that we won’t pass them on to a third party for profit or any other reasons.If you have an account but do not wish to receive weekly emails regarding the products and services of R3-Fitness you can be removed by emailing contact@r3-fitness.com. Please including the word “remove” in the subject line.
We may need to contact you to:
administer accounts and process payments;
communicate with you regarding any issues affecting your registration on a Program or use of the APPs or Fitness Products;
provide information on services and benefits available to you through the APPs;
provide reminders of Program key dates;
provide you with our periodic newsletters and updates about our services or special offers available to you; and
conduct market research or surveys to improve the services provided by R3-Fitness
COOKIES
Cookies are tiny text files, which are stored on your computer and the R3-Fitness website uses these files to remember what items are in your shopping basket, currency you want to view the site in and various other things which are all in place to make the site easier to use. All shopping websites use cookies and without them the site wouldn’t work.
WEBSITE DESCRIPTION AND ILLUSTRATIONS
Our team has created the vast majority of pictures and descriptions for the website. This information is copyright of R3-Fitness and may not be used by any other party without express permission of R3-Fitness.
The R3-Fitness website is provided for use only for viewing by an end user. Taking of any content or prices by automated processes, such as spidering, will be deemed as a breach of copyright and is expressly forbidden except where specifically agreed with us.Our aim is to create great pictures and descriptions which describe our products as detailed as possible and we only want to put information out there which is correct.
However, we can make mistakes. So please don’t hesitate and let us know if you notice something which is not correct.All material, code, pictures, descriptions and intellectual property are the property of R3-Fitness. They may not be copied or used without the expressed permissions.
Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
Third Parties
INFORMATION WE COLLECT
Identity, contact information (includes first name, last name, title, email address, telephone number, delivery address, billing address or any other information you provide within your personal preferences) through your profile builder or to staff within our stores.
Technical Information includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, language, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Site or any Application
We may also receive information about you from various third parties such as: analytics providers, advertising networks, search information providers and payment service providers.
Marketing and Communications Information includes your preferences in receiving marketing from us and our third parties and your communication preferences
YOUR RIGHTS
At any time, you have the right:
to request access to or a copy of any information which we hold about you;
to rectification of your information, if you consider that it is inaccurate;
to ask us to delete your information, if you consider that we do not have the right to hold it;
to withdraw consent to our processing of your information (to the extent such processing is based on previously obtained consent);
to ask us to stop or start sending you marketing messages as described below in the marketing section;
to restrict processing of your information;
to data portability (moving some of your information elsewhere) in certain circumstances;
to object to your information being processed in certain circumstances; and
to not to be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your information.
TERMS & CONDITIONS
This page (together with any documents referred to on it) tells you the terms and conditions on which we supply any of the parts, components and products (Products) listed in the “parts” section on our website R3-Fitness.com to you. We recommend to please read these terms and conditions carefully before ordering any Products from our site.
Please be aware that by ordering any of our products, you agree to be bound by these terms and conditions.
It also might be in your interest to print these terms and conditions for future references.
We are only allowed to sell our products and work with you if you click “I accept” and accept our terms and conditions.
Information about us
R3-Fitness is a site operated by Romy Roxana Roesch.
We are registered in Australia and our office is 308/7 White Street, 3181, Windsor, Melbourne, Victoria.
Your status
You are legally capable of entering into binding contracts; [and]
You are at least 18 years old in order to buy, access a fitness program or participate in some sort of exercise or nutrition program.
Purchase of a Fitness Product is for you as a single user only. You may not authorise third parties to use any Program, or other digital product or service supplied by us to you via your Account.
Upon buying meal plans or nutrition guides you are allowed to download and/ or print one copy of the item only and breach of this term will entitle us to terminate the agreement with you without refund.
By placing an order through our site, you warrant that:
How the contract is formed between you and us
After you shopped on our website and placed an order, you will receive an email (within 24 hours of placing the order) from our team which acknowledges that we have received your order. This however does not mean that we have accepted your order. It is in our power to accept or reject any incoming order. Usually we will confirm our acceptance to you by emailing you with the confirmation that the item or product has been dispatched.
This means that the contract between us will only be formed as soon as we send you the dispatch confirmation.The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Consumer rights
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
In order to cancel a contract, you must let us know by email or writing (no cancellations over the phone). Cancelling the contract required you to return the product(s) to us immediately, in the exact same condition you received them. Accruing costs must be covered by you and any risks are entirely by you. You have a legal obligation to take reasonable care of the Products while they are in your possession.
If you fail to comply with this obligation, we may have a right of action against you for compensation.
Availability and delivery
We are doing our best to deliver your order to you as fast as we can. Your order will be delivered by the date which we set out in the dispatched confirmation or if there is no specific delivery date, we will deliver the items within 30 days of the dispatched confirmation, unless there are exceptional circumstances.
The availability of all our stock is constantly updated. Items that are ‘Out Of Stock’ will be marked as such.
If the rare event of a problem with availability of a product marked ‘In Stock’ should occur, we will contact you. Then it is entirely up to you if you would like to cancel the order or wait until the item is available again.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, this is including delivery charges.
Price and payment
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT (where payable – see clause 7.3 below) but exclude delivery costs, which will be added to the total amount due when you enter the check-out section of our website.
For orders placed we have include VAT (Value Added Tax)* charged at the rate appropriate to the destination country of the order.
Our team has the full right to change prices at any point in time. These changes can not affect orders which we have already sent you a dispatch confirmation for or orders you have already received.
As we offer a great selection of products and programs, the error may occur that some of the items on the website may be incorrectly priced. It is a part of our dispatch procedure to verify prices.
In case the product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. Should the price of the product be higher than the price given on our site our team will contact you for instructions before dispatching the product, or our team has the power to reject your order and notify you of such.We are under no obligation to provide the product to you at the incorrect (lower) price, even if this means we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card. We accept most major credit cards for online orders. You will be asked to enter your card details and the name and address of the card holder when you place the order. Your card will be debited straight away and your order posted out to you as soon as possible. When ordering from overseas we will fill in the shipping details/price so you may proceed to the secure checkout.
Due to varying Exchange Rates all payments made to us must be in AUD (Australian dollar).
We take online security extremely seriously and have taken several steps to ensure that your payment information is processed confidentiality and accurately. We offer the use of secure servers where information is protected. SSL works with Netscape Navigator, Microsoft Internet Explorer, AOL and other browsers.
Our refunds policy
When you return a Product to us:
because you have cancelled the Contract between us within the seven-working-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us.
for any other reason (for instance, because have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Customers must pay for all Fitness Products and other goods or services ordered through the Website at the time of purchase using the credit card payment facility or via PayPal in the Website.
In the event that you are diagnosed with a medical condition (including pregnancy) after you have purchased the Program which prevents your participation in that Program, we will provide you with a refund of the fee for the relevant Program or component that you are unable to complete, calculated on a pro rata basis upon receipt of written evidence from your medical practitioner that you cannot participate in the Program due to your medical condition.
In the event that you are suffering from a medical condition you must submit evidence of that medical condition to our team, contact@r3-fitness.com as soon as you find out that you are unable to continue the program.No other refunds are available in respect of Fitness Products or Programs.
Our liability
It is our goal that all our products and all other goods and services you can buy on our website are satisfactory quality and reasonably fit for all purposes which are listed in the products or item description.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
A. For death or personal injury caused by our negligence;
B. Under section 2(3) of the Consumer Protection Act 1987;
C. For fraud or fraudulent misrepresentation;
D. For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
E. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;provided that this clause
9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause
9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of clauses 9.4.1 to 9.4.6 of this clause 9.4.
Import duty
A. If you order Products from our site for delivery outside of Australia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.
It is in your responsibility to pay such import duties and taxes.
Please note, that these charges are out of our control and cannot predict their amount. Please contact your local customs office for further information before placing your order.
B. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices
All notices given by you to us must be given to us at contact@r3-fitness.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
1. The contract between you and us is binding on you and us and on our respective successors and assigns.
2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
Nothing in this clause shall limit or exclude any liability for fraud.
Returns and exchanges (only with faulty items)
Products must be returned within 90 days of receiving your order.
Products must be unworn and unwashed with all tags still attached.
Masks cannot be returned or refunded once packaging has been opened due to health protection reasons.
Socks can be returned if they are sealed in their original packaging.
We only offer refunds onto the original payment method used to make the order.
Exchanges are not part of our returns policy.
For purchases made by part-card, part-gift card, the refund will be applied to the gift card first.
Orders placed separately cannot be returned as one. Combining orders will slow down the refund process!
R3-Fitness has the right to assess the age and condition of returned merchandise that has been used prior to processing a refund or exchange. Unless the merchandise is deemed a genuine manufacturers fault, exchanges and refunds will not be provided after use. For online orders, simply email contact@r3-fintness.com to organise a return.
Risk Warnings and Disclaimers
You acknowledge and agree that there are patent and obvious risks in undertaking fitness and exercise routines and programs and that whilst taking part in Programs or accessing or using any Fitness Products, including participating in any seminar or personal or group fitness activity. You may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles, tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue and blood vessels), joint injuries, heart, lung and breathing problems (and aggravating a pre-existing condition or injury) due to:
known or unknown health problems or previous injuries;
pregnancy;
engaging in activity which is too strenuous for your level of fitness and health;
tripping or slipping – including over fitness equipment both at home and in a gym; and
attempting an activity which is beyond your exercise capability.
You understand that any exercise and nutrition guides offered, conducted or promoted by R3-Fitness are not individually tailored to your personal circumstances and you must seek advice from your medical practitioner before following any particular advice or plan or participating in a Program.
R3-Fitness does not guarantee that the Website and APPs will function on any particular device and Customers acknowledge and agree that the Website and APPs may suffer from malfunction or delays from time to time and that this is an inherent risk of such internet and electronic based systems.
Definitions
Brand means the distinctive appearance, image, goodwill and reputation that attaches to the Website, APP’s and all other materials supplied through the Website, the Bodies by Rachel trademarks and the application of the trademarks and the Bodies by Rachel Intellectual Property to goods, services and premises and includes the distinctive image, Brand positioning and customer appeal created by the appearance, layout, general ambience and presentation of the Website, the APPs and goods and services provided through the Website;
Business Days means any day (excluding Saturdays and Sundays and public holidays) on which banks are open for business in Queensland, Australia;
Claim means all claims, liabilities, debts, costs, expenses or obligations, whether actual or contingent, present or future, quantified or unquantified, damages, demands, suits, actions and causes of actions, including legal fees on a solicitor and own client basis, other professionals’ and experts’ fees, and court or dispute resolution costs;
Customer means any person who registers an account on the Website;
Customer Content means any words, images, links or other content posted by a Customer on the Website, any APP, Facebook or any other social media forums; and
Privacy Policy means the Bodies by Rachel privacy policy displayed on the Website from time to time.
Our right to vary these terms and conditions
1. We have the right to revise and amend these terms and conditions from time to time.
2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
3. Law and jurisdiction
Returns and exchanges (only with faulty items)
Products must be returned within 90 days of receiving your order.
Products must be unworn and unwashed with all tags still attached.
Masks cannot be returned or refunded once packaging has been opened due to health protection reasons.
Socks can be returned if they are sealed in their original packaging.
We only offer refunds onto the original payment method used to make the order.
Exchanges are not part of our returns policy.
For purchases made by part-card, part-gift card, the refund will be applied to the gift card first.
Orders placed separately cannot be returned as one. Combining orders will slow down the refund process!
R3-Fitness has the right to assess the age and condition of returned merchandise that has been used prior to processing a refund or exchange. Unless the merchandise is deemed a genuine manufacturers fault, exchanges and refunds will not be provided after use. For online orders, simply email contact@r3-fitness.com to organise a return.