1. Binding Nature of Terms and Conditions
The website currently located at www.gaiampro.com.au or at such alternative as we may choose (the Website) is operated and controlled by Gaiam Pty Ltd ABN 63 111 129 143 (GaiamPro, our, we or us).
By using or otherwise accessing the Website, you acknowledge and agree to these Terms and Conditions as a legally binding agreement under which, among other things, each valid order you place with us via the Website in accordance with the procedures set out on the Website (Qualifying Order) is subject to the relevant provisions of these Terms and Conditions as an individual legally binding agreement in respect of such Qualifying Order.
We may amend and update the Website and these Terms and Conditions at any time and without prior notice to you (we will place a copy of revised Terms and Conditions on the Website from time to time).
We may terminate the agreement formed under these Terms and Conditions with you at any time and for any or no reason without cause or liability save only that any obligations capable of surviving such termination, including but not limited to confidentiality, payment and refunds, and any individual binding agreement made subject to these Terms and Conditions in respect of a Qualifying Order will likewise survive such termination.
You may terminate the agreement formed under these Terms and Conditions by closure of your trade account or, otherwise, by notice in writing to us save only that any obligations capable of surviving such termination, including but not limited to confidentiality, payment and refunds, and any individual binding agreement made subject to these Terms and Conditions in respect of a Qualifying Order will likewise survive such termination.
2. Eligibility and New Trade Accounts
You are only permitted to use this Website, including but not limited to placing Qualifying Orders, if:
- Due to existing agreements we will approve wholesale accounts to ‘end user’ businesses only. End user businesses include physios, personal trainers/fitness instructors, gyms/studios or yoga studios. We will not approve wholesale accounts for retailers or online re-sellers.
- you are currently carrying on a commercial business in the fitness, health or wellness industries; or
- you are currently acting in your capacity as a duly authorised representative of an individual or a legal entity carrying on a business in the fitness industry (in which case, references in these Terms and Conditions to you or your further or in the alternative apply to that individual or legal entity as the context requires); and,
- you have a current and valid ABN registration in relation to that business; and,
- you have a current and valid trade account with us.
Before you use the Website for the first time, you must apply to open a trade account with us to stock any products provided or to be provided by us or on our behalf (GaiamPro products) and as part of the application process, you must supply us with the relevant ABN as failure to do so will automatically result in your application being rejected. You acknowledge and agree that we may carry out credit checks and such other enquiries as we deem fit. We may reject trade account opening applications for any reason or no reason and without cause or liability. We may suspend or terminate trade accounts at any time without notice for any reason or no reason and without cause or liability.
3. Placing and Fulfillment of Qualifying Orders
Any Qualifying Order placed by you is an offer by you to purchase one or more GaiamPro products listed on the Website for the price at that time. Accordingly, you acknowledge that we are only obliged to trade or otherwise deal with you in respect of Qualifying Orders and that all Qualifying Orders are placed subject to acceptance by us. We reserve the right to accept or reject your offer for any reason, including without limitation the unavailability of any GaiamPro product, an error in the price or the GaiamPro product description posted on the Website, or an error or omission in your Qualifying Order. You acknowledge and agree that we may withdraw our acceptance of your offer for any reason or nor reason without cause or liability in respect of any Qualifying Order at any time up to the time of dispatch of the relevant batch of GaiamPro product(s).
4. Non-Exclusivity
You understand that we will not offer any exclusive agreements for any GaiamPro products in any one geographical area or with any one retailer.
5. Pricing and Freight Charges
All pricing shown on the Website, including but not limited to prices of products and services and delivery and other charges, are quoted in Australian Dollars and are current as at the time of issue. We may change any or all pricing at any time and for any reason without cause and without prior notice to you (we will post revised pricing on the Website from time to time). We will set out freight charges and options at the time of ordering but you acknowledge that such charges and options may change due to circumstances beyond our control.
6. Taxes, Duties, and other Imposts
Prices displayed on the Website are inclusive of GST applied at the current rate. Except to the extent required otherwise by law, you are responsible for the payment of any and all taxes, charges, duties or other like liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from the Website.
7. Payments
You understand that we only accept credit card payments made via the Website, such cards being Visa, Mastercard, American Express and Diners Club respectively. Subject to the other provisions of these Terms and Conditions, we are not obliged to dispatch any Qualifying Order unless and until full payment is cleared by us.
8. Shipping
You understand that, unless we advise and arrange otherwise, all GaiamPro products will be sold and shipped from GaiamPro’s warehouse address, currently being Gate 6, 12 Aquatic Drive, Frenchs Forest, NSW 2086, Australia (the Warehouse). We will ship to the “Ship to” address specified by you at the time of placing the Qualifying Order You acknowledge and agree that that you assume all risk in the GaiamPro products once the relevant Qualifying Order arrives at the relevant “Ship to” address. You further acknowledge and agree that in the event of a failed delivery attempt arising from any act or omission on your part, including but not limited to failing to arrange access to premises at delivery time or incorrectly specifying “Ship To” address details, we may charge additionally for each subsequent redelivery attempt.
9. Delivery
Please read the Delivery Information provided in the Website, the operative provisions of which form part of these Terms and Conditions. You acknowledge and agree that any delivery times provided by us are only indicative and that we are not responsible or liable in any way for any failure to observe these delivery times where such failure is beyond either our knowledge (actual or constructive) or beyond our control.
10. Notification of Shipping Errors and Damaged Goods
You must notify us of any shipping errors or damage in relation to shipped GaiamPro products within 7 days of receipt of the relevant goods (failing which notification you are deemed to have accepted the relevant goods). You must direct notification of shipping errors or damage via email to enquries@gaiampro.com.au . Goods subject to due notification will be replaced by like goods in fair condition as soon as reasonably possible after receipt and inspection of the relevant goods, failing which a refund will be made in accordance with the other provisions of these Terms and Conditions.
11. Returns
We will only accept returns in relation to goods with manufacturing defects (defective goods), damaged goods or incorrectly dispatched goods, including but not limited to goods not corresponding to description or sample. Goods must be returned in ‘as supplied’ condition and in original packaging.
12. Cancellation of Orders
You may not cancel a Qualifying Order once it is placed via the Website. We may cancel Qualifying Orders if credit card details are rejected when payment is being processed.
13. Refunds
We will only issue full refunds in respect of defective or damaged GaiamPro products which we are not able to replace. We reserve the right not to process refunds in respect of damaged or defective goods unless and until we have determined the cause of the damage or defect. Refunds of shipping costs and related costs will also be made by us in the event of incorrect stock being shipped or other shipping costs being incurred due to our error.
14. Intellectual Property
You acknowledge and agree that your use of the Website and your placing of Qualifying Orders confers no right or licence upon you in respect of the use, reproduction or other exploitation of any intellectual property (including but not limited to copyrights, patents, trade marks, designs and any applications or registrations relating to the same) embodied or referenced in the Website or Qualifying Orders.
15. Confidentiality and Privacy
We will keep your confidential information confidential and we will only use or disclose it for our reasonable purposes under or in relation to these Terms and Conditions or otherwise as required by law. You will keep our confidential information confidential and you will only use or disclose it for your reasonable purposes under or in relation to these Terms and Conditions or otherwise as required by law.
To the extent (if any) that we receive personal information about you or your customers within the meaning of the Privacy Act 1988 (Cth.), we will handle such information in accordance with our Privacy Policy as referenced on the Website.
16. Incorporation
These Terms and Conditions incorporate the operative provisions of the following documents (available from the Website or upon written request) as additional terms and conditions:
Freight and Delivery Policy
Returns Policies and Procedures
To the extent (if any) that additional terms and conditions conflict with terms and conditions contained in this document, the terms and conditions in this document take precedence.
17. Governing Law and Jurisdiction
These Terms and Conditions are subject to the laws of the State of New South Wales. Any and all agreements made under these Terms and Conditions are subject to the jurisdiction of the courts of New South Wales and any courts competent to hear appeals therefrom.
