The complete

Obstacle Conditioning

Program

Terms And Conditions | Back

 

This agreement is a contract between the customer (you) and Obstacle Conditioning Program a subsidiary of True Grit Concepts PTY LTD, ABN 44 161 045 772 , 1/23 Oxford Rd, Ingleburn NSW 2565 True Grit Concepts PTY LTD Registered Office. These terms and conditions apply to the ordering, purchase, fulfilment and delivery of goods fromwww.obstacleconditioning.com.au Please read the following Terms and Conditions carefully before placing your Order with True Grit Concepts PTY LTD. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability. In addition to these Terms and Conditions, other important conditions may be applicable to your Order, True Grit Concepts Returns Policy or specific terms for certain Goods as identified in the product description field on the Website. If you do not understand these terms and conditions or if you have any questions, please email our customer service team at info@obstacleconditioning.com.au and a representative will be happy to assist you.

1. Definitions

The following apply to these Terms and Conditions. Business Days means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia. Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website. Delivery Agent means any nominated third party delivery or shipping company for True Grit Concepts PTY LTD. Goods means the items offered for sale, described or displayed on the Website. GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth). Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision. Order means a request by you to purchase Goods from True Grit Concepts PTY LTD in accordance with these Terms and Conditions. Personal Information has the meaning as defined under the Privacy Act 1988 (Cth). Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST). Returns Policy means the True Grit Concepts PTY LTD Returns Policy found on the Website. Terms and Conditions means these terms and conditions, as amended from time to time. Website means www.obstacleconditioning.com.au. Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions. We or Us or Our means True Grit Concepts PTY LTD, ABN 44 161 045 772. You or Your means you as the purchaser of Goods from www.obstacleconditioning.com.au Online pursuant to these Terms and Conditions. 2. Compliance with Terms and Conditions

2.1 You agree to be bound by these Terms and Conditions when you submit an Order.

2.2 Each Order you place will be a separate and binding agreement between you and True Grit Concepts PTY LTD with respect to the supply of goods, in accordance with these terms and conditions

3. Placing Orders for Goods

3.1. You may place an order through the Website by submitting the electronic Order form on the Website.

3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order.

3.3. You acknowledge that all orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply as set out on the Website from time to time

3.4. In completing the electronic order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your order. This information will also be used by the delivery agent to fulfil your order. True Grit Concepts PTY LTD will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an order by you. You also agree to obtain consent to provide True Grit Concepts PTY LTD any personal details for nominated recipients of gifts.

3.5. You may order from www.obstacleconditioning.com.au if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.

3.6. Once you submit your order, cancellations of your order or changes to the goods in your order cannot be made. However, we will allow you to return goods in accordance with the returns policy. You must check your order carefully prior to submitting your order with us. For terms regarding cancellations or returns of orders, see the "order cancellation and returns" section (clause 9) of these terms and conditions.

3.7. Where you place consecutive or separate orders for goods, we cannot consolidate the orders into one. A separate delivery fee will apply to each order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of $10,000 (excluding GST).

3.8. You will be provided with a payment receipt number from PayPal upon submission of your Order to the Website. The receipt number is required when contacting our Customer Service Centre in regards to your Order.

4. Acceptance and rejection of Orders

4.1 True Grit Concepts PTY LTD reserves the right to accept or reject your order for any reason at any time.

4.2 When we accept an order, it represents an agreement by True Grit Concepts PTY LTD to supply you the Goods in accordance with the order and these terms and conditions. 4.2 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the order. True Grit Concepts PTY LTD will not be liable to you for your loss or that of any third party for the rejection of an order.

4.3 Where we reject an order and your payment for the goods has already been processed, we will refund any money paid to us in respect of that order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. True Grit Concepts PTY LTD is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.

4.4 If we are unable to contact you in relation to your order under these Terms and Conditions using the contact details you provide during the order process after having made reasonable attempts to contact you, we will reject the order under clause 4.1 and we will notify you of that rejection via phone or email within five (5) Business Days after the placement of the order. True Grit Concepts PTY LTD will not be liable to you for your loss or that of any third party for the rejection of an Order.

5. Availability of Goods

5.1. You acknowledge and agree that from time to time, some goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your order. If this occurs, True Grit Concepts PTY LTD will use reasonable endeavours to either source the Goods, or contact you within five (5) Business Days. Where a comparable product or alternative arrangement cannot be agreed upon, then we will refund you the price paid for the Goods. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. True Grit Concepts PTY LTD is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

5.2. We reserve the right to withdraw or suspend any good displayed on the Website from sale either temporarily or permanently at any time without notice to you. True Grit Concepts PTY LTD will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular good.

5.3. Where a good which is the subject of an order has been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that Good within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. True Grit Concepts PTY LTD is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

5.4. Where your order is affected by an error on the Website (for example, in relation to a description of goods, an image, price or otherwise), we will reject the part of the order that is the subject of the error in accordance with clause 4. If applicable, True Grit Concepts PTY LTD will proceed to fulfil the remainder of your order in accordance with these terms and conditions. If you are not satisfied with the partial fulfilment of your order, you can return your order to us in accordance with the returns policy.

5.5 You acknowledge and agree that: 1. (a) all pictures and images of goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of goods may differ in real life; 2. (b) you have read any corresponding written description of the goods prior to submitting your Order; 3. (c) the colour of goods as shown on the Website may vary slightly in shade in real life; 4. (d) where we provide dimensions and measurements in the descriptions of a good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your order (including whether the good will be capable of delivery to your delivery address due to sufficient, appropriate and safe access); and 5. (e) any accessory featured with the goods is for illustration purposes only, and may be sold separately.

6. Price and Payment

6.1 The price in respect of a good is specified on the Website.

6.2 True Grit Concepts PTY LTD reserves the right to change or alter prices of goods on the Website without notice to you, unless you have already submitted an order at a stipulated price, in which case there will be no change or alteration in pricing (provided your order is not affected by a pricing error).

6.3 In respect of any Order, we will charge you and you agree to pay: 1. (a) the Price (which is the Price at the time the Order is submitted); and 2. (b) subject to clause 9, the Delivery Fee.

6.4 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card and Pay Pal. When paying by credit card, you authorise True Grit Concepts PTY LTD to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.

6.5 Gift Cards of any form cannot be used as a form of tender for purchases from the Website.

6.6 Layby is not available for purchases made on the Website.

6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by True Grit Concepts PTY LTD before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.

6.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

6.9 You will receive a payment receipt from PayPal once payment in respect of your order has been processed.

7. Delivery

7.1 True Grit Concepts PTY LTD uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.

Delivery Areas

7.2 Subject to clause 7.3, delivery is available within Australia in our pre-defined delivery areas for all Goods. For information regarding the pre-defined delivery areas, for information regarding the pre-defined delivery areas, please see the Australia Post Website.

Delivery Fees

7.3 Unless stated otherwise on the Website (for example, where a "Free Shipping" offer applies), or in these Terms and Conditions, the following Delivery Fees apply to all Orders: 1. (a) Standard Flat Rate Delivery Fee: $5.00 per Order (within Australia); 2. (b) International Standard Flat Rate Delivery Fee: $22.00

Delivery Time Frames

7.4 Subject to clause 7.2. True Grit Concepts PTY LTD aims to achieve the delivery time frames set out below. 1. (a) Australia wide (including capital cities and suburbs, and most regional areas: 5-7 Business Days; and 2. (b) International 7-10 Business Days; and 7.5 From time to time, True Grit Concepts PTY LTD may not be able to achieve the delivery time frames in clause 7.4. You acknowledge and agree that notwithstanding anything else in this clause: 1. (a) True Grit Concepts PTY LTD cannot guarantee that delivery will occur in the delivery time frames specified in clause 7.4; 2. (b) delivery time frames may change from time to time due to unforeseen circumstances; and 3. (c) True Grit Concepts PTY LTD is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

General terms for delivery

7.6 Delivery of Goods will take place at the Delivery Address specified by you during the Order process.

7.7 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.

7.8 Where you do not collect your Goods from the Australia Post office within 10 days of a failed delivery, you must contact our Customer Service Centre for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.

7.9 Upon delivery, you must inspect that the goods delivered match your Order. If there is obvious damage to the goods due to transit, you must contact our Customer Service Centre as soon as practicable. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may email our Customer Service Centre, or return the Order in accordance with the Returns Policy. You must let us know about any damaged, missing and incorrect Goods as soon as possible. You can otherwise return Goods in accordance with the "Order cancellations and returns” section (clause 9) of these Terms and Conditions. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge.

8. Risk and title

8.1 Risk and title in the goods passes to you on the date and time of delivery of the goods to the delivery agent.

9. Order cancellations and returns

9.1 Where we reject or cancel your order under these Terms and Conditions, we will refund the price of the goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. True Grit Concepts PTY LTD is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund. 9.2 It is a condition of Visa, MasterCard, Maestro and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. True Grit Concepts PTY LTD is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.

10. Product Recalls

10.1 Where a Good is subject to a product recall, a notice will be posted on www.obstacleconditioning.com.au.

10.2 You agree for us to contact you, using the personal information provided on your order, to notify you of a product recall either by telephone (including mobile phone), email or postal mail.

11. Privacy

11.1 Personal Information, such as your contact details, that you provide to us during the order process will be kept and used by us for the purpose of processing your order in accordance with True Grit Concepts PTY LTD Privacy Policy.

12. Warranties

12.1 You represent and warrant to True Grit Concepts PTY LTD that: 1. (a) All information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to True Grit Concepts PTY LTD; 2. (b) Any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so; 3. (c) You are over the age of 16; and 4. (d) In placing your Order, you have read and agree to these Terms and Conditions; and 5. (e) Complied with all Laws.

13. Liability

13.1 Subject to any rights you have under any consumer protection law and to the fullest extent permitted by Law, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.

13.2 Subject to any rights you have under any consumer protection law, True Grit Concepts PTY LTD excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.

13.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

14. Termination

14.1 True Grit Concepts PTY LTD reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website: 1. (a) For convenience, at any time, upon provision of notice to you; 2. (b) Immediately: 1. (i) If True Grit Concepts PTY LTD reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or 2. (ii) If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

15. General

15.1 True Grit Concepts PTY LTD reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of order are those that govern your relationship with True Grit Concepts PTY LTD with respect to that order.

15.2 True Grit Concepts PTY LTD may give notice to you by electronic mail. You may give notice to True Grit Concepts PTY LTD by electronic mail to our Customer Service Centre at info@obstacleconditioning.com.au

15.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

15.4 A failure or delay by True Grit Concepts PTY LTD to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by True Grit Concepts PTY LTD does not prelude its future exercise or the exercise of any power or right.

15.5 The laws of NSW, Australia govern this agreement. Your transaction is deemed to have taken place in Ingleburn, NSW.

info@obstacleconditioning.com.au