Pixtech Pty Limited
Fitbotic Store - Terms and Conditions of Supply
  1. Terms and Conditions

    These Terms are incorporated into and form part of any Contract between you and us for the supply of Goods advertised by us on the Fitbotic Shopify Store.

  2. Definitions

    In these Terms unless the contrary intention appears:

    1. Australian Consumer Law’ means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth);

    2. Business Day’ means any day that banks are generally open for business in Adelaide but not a Saturday, Sunday or a public holiday pursuant to the Holidays Act 1910 (SA);

    3. Contract’ means the contract referred to in clause 4.2, being an order for Goods that has been accepted by us;

    4. Fitbotic App’ means the Fitbotic mobile application;

    5. Fitbotic Shopify Store’ means the online shopping store on the website at https://www.fitbotic.com/collections/fitbotic-store where you may browse, select and order Goods from us;

    6. Goods’ means the goods that are available for purchase from the Fitbotic Shopify Store from time to time which are to be supplied by the Supplier in accordance with the Contract;

    7. GST’ has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

    8. Pixtech’, ‘we’, ‘us’ or ‘our’ means Pixtech Pty Limited ABN 41 633 502 511;

    9. Privacy Policy’ means Pixtech’s privacy policy referred to in clause 11 of these Terms;

    10. Terms’ means these Fitbotic Shopify Store Standard Terms and Conditions of Supply.

  3. Interpretation

    In these Terms unless the contrary intention appears:

    1. the singular includes the plural and vice versa;

    2. a reference to a person includes any corporation, partnership, joint venture, trust, association, government, or public authority and vice versa;

    3. a reference to any party to this or any other document includes the party’s successors and permitted assigns;

    4. a reference to any legislation or legislative provision includes any statutory modification, substitution or re-enactment and any subordinate legislation issued under that legislation or provision;

    5. mentioning anything after include, includes or including does not limit what else might be included; and

    6. a reference to a person that comprises two or more persons means those persons jointly and severally.

  4. Contract

    1. A completed and submitted order for Goods from the Fitbotic Shopify Store by you constitutes an offer to purchase from us the Goods referred to in your order. The specifications, timing, price, delivery details and other details of the Goods will be detailed in the order.

    2. An order will be deemed to be accepted by us only when:

      1. you have made payment in full to us for the value of the order in accordance with clause 5.2.1; and

      2. we notify you in writing that we have accepted the order,

        and at that time, a ‘Contract’ will have been formed between you and us, subject to these Terms.

    3. We may ask you to provide additional details or require you to confirm your details to enable us to process an order. If you do not provide us with the additional details, we may not be able to process your order. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy.

    4. Once formed, the Contract and these Terms constitute the entire agreement between you and us. All prior negotiations, agreements, arrangements, representations, understandings and correspondence are superseded by the Contract and these Terms.

    5. To the extent that there is any inconsistency between the Contract and these Terms, these Terms prevail unless the inconsistency is agreed in writing.

  5. Prices, Fees and Charges

    1. Prices

      1. The prices of Goods and delivery and other charges displayed on the Fitbotic Shopify Store are current at the time of issue, however, we reserve the right to change prices at any time before we accept an order from you.

      2. We may increase the price of Goods if the price increase results from the introduction of any legislation, regulation or government policy.

      3. Unless otherwise specified, all prices shown on the Fitbotic Shopify Store are in Australian Dollars (AUD).

    2. Fees and Charges

      1. We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

        1. the purchase price of any Goods that are ordered;

        2. the delivery fee for delivering the Goods to you; and

        3. any other fees and charges set out in these Terms.

    3. Unless stated otherwise, all fees and charges identified in these Terms and all prices for Goods as shown on the Fitbotic Shopify Store are inclusive of GST.

  6. Payment

    1. Payment

      You must pay for Goods at the time of online checkout in accordance with one of the payment methods set out in clause 6.2 prior to your order being confirmed.

    2. Payment Methods

      You can pay for your order by:

      1. credit card; or

      2. PayPal; or

      3. applying a promotional or discount code; or

      4. applying rewards, credits, promotion or discount codes obtained via the Fitbotic App; or

      5. any other method of payment that we may specify on the Fitbotic Shopify Store from time to time.

  7. Delivery

    1. Delivery Terms and Fees

      1. You will, unless you and us otherwise agree, bear the cost of delivery of the Goods.

      2. Where you bear the cost of delivery, any delivery costs and fees are payable in addition to the purchase price for any Goods.

    2. Delivery Date

      We will make all reasonable efforts to have Goods delivered to you by the date agreed between you and us in the Contract, but we will not be liable for:

      1. any failure to deliver, or delay in delivery, of Goods for any reason;

      2. any damage or loss due to unloading or packaging of Goods; and

      3. any damage to property caused upon entering premises to deliver the Goods.

    3. Acceptance

      1. You will inspect all Goods upon delivery.

      2. If any Goods are damaged, wrongly supplied or not in accordance with the Contract, you may reject or return those Goods in accordance with clause 8.

      3. You will be deemed to have accepted the Goods supplied in the following events:

        1. you fail to reject or return those Goods in accordance with clause 8; or

        2. you use the Goods in any way.

      4. Unless clause 7.3.2 applies, you will indemnify us against any losses, costs or expenses incurred by us due to any failure by you to accept the Goods at the time of delivery.

      5. Except as required by law, and subject to clause 8, we will be under no obligation to accept Goods returned for any reason, which are not satisfactory to you for any reason.

  8. Rejection of Goods

    1. You may reject any Goods only in accordance with this clause 8 or in accordance with the Australian Consumer Law.

    2. If any Goods are damaged, wrongly supplied or not in accordance with the Contract, you must notify us:

      1. by providing full particulars of the claim in writing within seven days of the receipt of those Goods; or

      2. where the claim relates to non-delivery of Goods, by providing full particulars of the claim in writing within seven days of the agreed date of delivery of the Goods.

    3. All Goods returned or rejected are subject to assessment by us.

    4. To the extent permitted by the Australian Consumer Law or any other law, we may, in our sole discretion, refuse to accept the return or rejection of the Goods, or dispute or reject any claim made under this clause 8.

    5. Unless you and us otherwise agree in writing, you will bear the costs of returning any Goods.

    6. Subject to your rights under the Australian Consumer Law, the following Goods, cannot be returned or rejected by you under any circumstances:

      1. those that were specially made, sourced, ordered or purchased for you;

      2. those that were used, installed, damaged or altered in any way by you;

      3. those that were sold to you at wholesale or discounted prices, or as second grade or quality; or

      4. those that we no longer hold in stock, or Goods that have been discontinued.

  9. Acknowledgements

    1. You acknowledge and agree that:

      1. we cannot and do not warrant that the Fitbotic Shopify Store is free from any errors, viruses or defects;

      2. we will not be liable for any loss or damage suffered as a result of any errors, viruses or other defects on the Fitbotic Shopify Store;

      3. we make no representation or warranty that the Fitbotic Shopify Store will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur your electronic device or computer system;

      4. you must take your own precautions to ensure that the process which you employ for accessing the Fitbotic Shopify Store does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your electronic device or any computer system;

      5. whilst we strive to protect all information and materials you may make available on the Fitbotic Shopify Store, we do not warrant, and cannot ensure, the security of any information and materials which you may transmit; and

      6. any information and materials transmitted by you is transmitted at your own risk.

  10. Third Party Content

    1. The Fitbotic Shopify Store may display hyperlinks to other websites or mobile applications, information, materials, content, advertisements and promotions that are owned or operated by third parties (collectively, ‘Third Party Content’).

    2. We do not control, endorse or adopt any Third Party Content.

    3. We make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy, quality suitability, or completeness.

    4. You acknowledge and agree that:

      1. your interactions with third parties providing Third Party Content are solely between you and such third parties; and

      2. we are not responsible or liable in any manner for such interactions, or Third Party Content.

  11. Intellectual Property

    1. You acknowledge that all the text, images, marks, logos, compilations, data, other content, software and materials displayed on the Fitbotic Shopify Store or used by us to operate the Fitbotic Shopify Store is proprietary to us or to third parties. We expressly reserve all rights, including all intellectual property rights, in all the foregoing, except only as expressly permitted by these Terms.

    2. Nothing you do in relation to the Fitbotic Shopify Store will transfer any intellectual property rights to you, or license you any intellectual property rights, in and to the Fitbotic Shopify Store.

    3. All rights (including copyright and moral rights) in the content, layout and compilation of the Fitbotic Shopify Store and online pages, images, text, graphics, logos, buttons, videos, audio and software (including all object source and machine readable code) are owned or controlled for these purposes, and are reserved, by us.

  12. Privacy

    1. For the purposes stated in the Privacy Policy, we collect personal information from you when you access the Fitbotic Shopify Store and order Goods from us.

    2. By completing and submitting an order through the Fitbotic Shopify Store, you consent to us collecting your personal information (including your name, contact details and delivery address) and providing it to third parties (including our suppliers and delivery partners) for the purposes of fulfilling and delivering your order, and for any other purposes provided in the Privacy Policy.

    3. You have the right to access and correct any personal information we hold. Please refer to the Privacy Policy for further information.

    4. The Privacy Policy can be accessed via the following link https://www.fitbotic.com/pages/fitbotic-app-privacy-policy.

  13. Limitation of Liability

    1. Subject to clause 13.2, all terms, which would otherwise be implied by law or otherwise, are excluded.

    2. If under the Australian Consumer Law or any other law any terms which apply to the sale of Goods under the Contract cannot be legally excluded, restricted or modified then those terms apply only to the extent required by law.

    3. To the extent permitted by law, our liability for any breach of the terms of the Contract, and any condition or warranty implied by the provisions of the Australian Consumer Law, is limited to and will be completely discharged by any one of the following:

      1. the replacement of the Goods or the supply of equivalent Goods;

      2. the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or

      3. the payment of the cost of having the Goods repaired.

    4. Except as expressly provided in this clause and to the extent permitted by law, we are not liable to you (and any party claiming through you) for:

      1. any claim made under, or in connection with, the Contract, in tort, under statute, in equity or otherwise in respect of defects whatsoever in Goods for the loss or damage to person or property arising from or caused from such defects; or

      2. any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods where such loss or damage includes:

        1. any loss of income, profit or business; or

        2. any loss of goodwill or reputation.

  14. Indemnity

    You will indemnify us and keep us indemnified and hold us harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by us, and from and against all actions, proceedings, claims or demands made against us, arising from one or more of the following:

    1. your failure to comply with any laws, rules, standards, regulations or instructions applicable in relation to the Goods or the use of the Goods; and

    2. any negligence or breach of duty by you in relation to the Goods or the use of the Goods.

  15. General

    1. These Terms are governed by the laws of South Australia and the Commonwealth of Australia. The parties submit to the jurisdiction of the Courts of South Australia and the Commonwealth of Australia. Any proceeding brought in the Federal Court of Australia must be instituted in its South Australian District Registry.

    2. All rights under these Terms are in addition to and do not abrogate, limit or reduce any other rights that we may have.

    3. Any provision of these Terms that is invalid, unenforceable or illegal must be read down to the extent necessary to avoid that effect. If that is not possible, that provision must be excluded from these Terms but only to the extent necessary to avoid that effect. All other provisions of the Terms continue to be valid and enforceable.

    4. A right or obligation under these Terms cannot be waived except by written notice by the party waiving that right or obligation and specifying the waiver.

    5. The Contract and these Terms record the entire agreement between the parties as to its subject matter. Any prior negotiations, agreements, arrangements, representations and understandings related to the subject matter of the Contract and these Terms are superseded by the Contract and these Terms.