EXCLUSIVE DISTRIBUTORS FOR PROTEAM, THERAGUN, FIGHTBRO, VIPR & MORE
info@fitmart.co.nz
EXCLUSIVE DISTRIBUTORS FOR PROTEAM, THERAGUN, FIGHTBRO, VIPR & MORE
info@fitmart.co.nz
021 492 454
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Terms and Conditions

PRICES

All prices include the applicable statutory GST sales tax (15%). Changes and errors excepted. 

In individual cases, additional taxes (eg for delivery outside the NZ) and / or duties (eg customs duties) may be payable by the customer for cross-border deliveries.

CONCLUSION

Conclusion of the contract about our shopping cart
The customer can select products from our assortment and collect these over the button "Add to cart" in a so-called virtual shopping cart. With the button "Check Out" he makes a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can view the data of his order on an overview page and select payment method.

We then send the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out via the "Print" function. The automatic acknowledgment of receipt represents at the same time the acceptance of the application. 

Conclusion of contract - general
The contract text is stored by us and sent to the customer after sending his order together with these general terms and conditions in text form. In addition, the text of the contract is archived on our website and can be called up by the customer on request. 

Our online shop is exclusively for consumers who want to cover their personal needs for the items we offer. The effectiveness of contracts for quantities larger than households and the commercial resale of the object of purchase requires our express confirmation.

If a customer places an order for a quantity larger than a household one, we are entitled to limit the delivery quantity to customary household quantities. In this case, however, the customer has the right to completely withdraw from the contract. If a customer makes an order for commercial resale, we are entitled to cancel the order completely.

DELIVERY TERMS

Domestic delivery is by prepayment. In the case of prepayment or Paypal, the customer transfers the invoice amount, which was communicated to him.

PAYMENT METHODS

Multiple payment methods are available, supplied by third party payment providers an as such we have no access to processed information during payment. We strive to maintain the highest level of security for customers with SSL certificates, however we encourage customers to be cautious while purchasing via online portals.

If we deliver outside New Zealand, additional costs may be incurred in individual cases, which are to be borne by you. These include, for example, costs of money transactions (eg transfer fees, costs for foreign currencies) or, for deliveries outside the New Zealand, import duties or taxes (eg customs duties and import turnover tax).

Terms and Conditions: PUT IT ON LAY-BUY

Layby Terms, agreements and contract

Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY checkout payment option to be fair and reasonable per the Fair Trading Act 1999.

The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both the vendor or consumer:

  1. Record of Payment
    A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
  2. Storage and Identification of Lay-Buy Products
    Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
  3. Cancellation of Lay-Buy by Buyer
    The buyer may cancel their LayBy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees, orally.If a buyer cancels a Lay-Buy, seller will, if so requested by the seller, give the buyer a “cancellation statement” which sets out-
    a) The purchase price of the products; and
    b) Advise customer of the cancellation fee payable to seller under all Lay-By terms and conditions; and
    c) The total amount paid under the Lay-Buy; and
    d) Any amount owing to either the buyer or seller under the layby terms on the cancellation of the Lay-Buy.If seller does not accept the buyer’s oral cancellation it is obliged to give/send the buyer a duly completed Lay-By Form of Cancellation immediately.
  4. Cancellation of Lay-Buy by Seller
    The seller under a Lay-Buy must not cancel it unless –
    a) The buyer breaches a term of the Lay-Buy; or
    b) The seller stops trading; or
    c) The products are no longer available
  5. Cancellation on breach by Buyer
    If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so seller must –
    a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and
    b) Allow the buyer at least 14 days within which to rectify the breach; and
    c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
    II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
    III) must state the time within which the buyer must rectify the breach;
    IV) must state the matters listed per below:* the purchase price of the products;
    * all cancellation charges payable under the agreement; and
    * the total amount paid under the Lay-Buy;
    * any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy.The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it.
  6. Cancellation where business closes
    If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
    (a) allow the buyer 7 days within which to complete the agreement; and
    (b) cancel the Lay-Buy
  7. Cancellation where products not available
    If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer.
  8. Effect of Cancellation
    Subject to the above, when a Lay-Buy is cancelled by either party, Seller must refund all money paid within 14 days less a AUD $25 cancellation fee. There are circumstances which prohibit Seller from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Seller has breached a term of the Lay-Buy statement.
  9. Cancellation Charge
    Seller shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals.
  10. Banking Charges back Fees
    The seller shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
  11. Service Fee
    Seller shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a once-off 1.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
  12. Lay-Buy Reporting
    Seller shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
  13. Delivery
    The seller will only dispatch the buyer product/s after receiving the final installment payment for all Lay-Buy deals.
  14. MISCELLANEOUS
    14.1   This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
    14.2   This Agreement may be amended only by a written instrument duly executed by all parties hereto.
    14.3   The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
    14.4   This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
    14.5   Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

 

MATERIAL DEFECT WARRANTY, WARRANTY

We are liable for material defects in accordance with the relevant statutory provisions, in particular consumer guarantees act.  
An additional guarantee exists for the goods delivered by us only if this was expressly delivered in the order confirmation to the respective article.

SPECIAL CONDITIONS FOR VOUCHERS

Validity
1. These terms and conditions apply to vouchers / gift vouchers of Fitmart.co.nz coupon code. 

Redeeming gift vouchers

1. The redemption of vouchers is only allowed on the website fitmart.co.nz 
2. Vouchers and remaining credits of vouchers are redeemable until the end of the valid date on voucher. 
3. Vouchers can be redeemed during the ordering process in the shopping cart or in advance via the menu item "Account". If redeemed in advance, the voucher value will be credited to your user account.
4. If the order value exceeds the value of the voucher or credit, the difference can be settled by additional vouchers and other (Fitmart approved) payment methods. 
5. The use of multiple Gift Certificates per order is allowed. 
6. Gift certificates can be combined per order with only one promotion or discount code. 
7. You can see your existing balance on fitmart.co.nz under the menu item "Account". Required for this is a Fitmart customer account. 

General
1. When redeeming vouchers on fitmart.co.nz, the general terms and conditions and the privacy policy apply.
2. Cancellations of voucher orders can be defeated by the customer service only if the voucher has not yet been redeemed. 
3. The Buyer may receive information about the redemption of the Fitmart voucher purchased from Him / Her. 

Limitations
1. Vouchers are not released for the purchase of additional vouchers. 
2. Vouchers or the credit voucher are excluded from the cash payment. 
3. Credit already redeemed for one account can not be transferred to another account or charged. 
4. The resale of vouchers is not permitted. 

If you have any questions, please contact us via our contact form. Please do not forget to enter the voucher code.

Back of the card
This gift voucher is redeemable on fitmart.co.nz. The balance and the applicable terms and conditions can be viewed there. A cash payment is not possible.

APPLICABLE LAW, JURISDICTION, CONTRACT LANGUAGE

For all legal relationships the law of New Zealand applies excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of New Zealand, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. If the customer is located outside the territory of New Zealand, our place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, we are in any case entitled to call the court at the customer's registered office.

The contract language is English.

LIABILITY FOR CONTENT

The contents of our pages were created with great care. However, we can not assume any liability for the accuracy, completeness and timeliness of the content. As a service provider we are responsible for own contents on these sides according to the general laws. As a service provider we are not obliged to monitor transmitted or stored external information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under general law remain unaffected. A liability in this regard, however, is only possible from the date of knowledge of a specific infringement.

LIABILITY FOR LINKS

Where an offer contains links to external websites of third parties on whose contents we have no influence. Therefore, we can not assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognisable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of an infringement. Upon notification of violations, we will remove such links immediately.

COPYRIGHT

The content and works on these pages created by the site operators are subject to New Zealand copyright law. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are for private, non-commercial use only. As far as the contents on this side were not created by the operator, the copyrights of third parties are considered. In particular contents of third parties are marked as such. If you should still be aware of a copyright infringement, we ask for a note. Upon notification of violations, we will remove such content immediately.

DISCLAIMER

The operator endeavors to provide correct and complete information as far as reasonable on this website. However, the operator assumes no liability or guarantee for the topicality, correctness and completeness of the information provided on this website. This also applies to all links ("links") to which this website refers, directly or indirectly. The operator is not responsible for the content of a page that is reached with such a link. The operator reserves the right to make changes or additions to the information provided without prior notice. The operator is not liable for any direct or indirect damages, including lost profits, arising out of or in connection with information,

The intake and use of all products is at your own risk. None of the listed products is intended for the treatment of existing disease or therapy. No medical advice is given. Please consult your doctor before using any product. If side effects of any kind occur, discontinue use and inform your doctor. The information of each article comes from the manufacturer or pack imprint. Please read the package leaflet and do not exceed the indicated dose. Keep the products out of the reach of children. We assume no liability for damage to health of any kind. For false information and ingredient changes no liability is assumed. Dietary supplements are not a substitute for a balanced diet. The recommended intake must be observed.

 

Information about the identity of the seller

Fitmart NZ

Inspire Wellness Technologies Limited
193 Dominion Rd

Mt Eden,

Auckland 1024

Phone: +64 (0) 

E-Mail: info@fitmart.co.nz or enquiries@fitmart.co.nz