The Customer's attention is particularly drawn to the provisions of clause 8.
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.
Contract: the contract between the Supplier and the Customer for the supply of Goods and/or Services in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from the Supplier.
Force Majeure Event: has the meaning given to it in clause 11.
Goods: the goods (or any part of them) as set out in the Order.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order: the Customer's order for the supply of Goods or the Customer's written acceptance of the Supplier's quotation as the case may be.
2. Supplier: Burgess Australasia Pty Ltd, Trading as Pilates Reformers Australia incorporated and registered in Australia with ABN 23 409 436 174 whose registered office is at Unit 1/59 Smeaton Grange Rd Smeaton Grange NSW AUSTRALIA 2567.
2.1 Unless otherwise expressly agreed in writing by the Supplier these Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase Goods in accordance with these Conditions. The Customer shall ensure that the terms of the order and any relevant Specification are complete and accurate.
2.3 The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract. Any samples, drawings, descriptive matter or advertising issued by the Supplier and any descriptions of the Goods or illustrations or descriptions of the Services contained in the Supplier's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
2.5 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 14 Business Days from its date of issue or for the period specified in the quote.
3. DESCRIPTION OF THE GOODS
3.1 The Goods are described in the Contract.
3.2 The Supplier reserves the right to make without notice such reasonable modification in specifications, descriptions, designs, materials or finishes as it deems necessary or desirable. The Customer shall not be entitled to reject the Goods by reason of such reasonable modifications.
3.3 Notwithstanding that any sample of the Goods has been exhibited to and inspected by the Customer, it is agreed that such sample was so exhibited and inspected solely to enable the Customer to judge for himself of the quality of the Goods and not so as to constitute a sale by sample under the Contract. The Customer shall take the Goods at its own risk as to their corresponding with the sample, or as to their quality, condition or sufficiency for any purpose.
4. DELIVERY OF GOODS
4.1 The Supplier shall ensure that:
each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the type and quantity of the Goods (including the code number of the Goods, where applicable).
4.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Major Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 The Goods may be left with a neighbour if the customer is not at home when the couriers deliver the goods.
4.6 The Supplier is responsible for the condition of the goods until the goods are received by the Customer, or by someone else they have nominated to receive them on their behalf like a neighbour.
4.7 The Supplier may deliver the Goods by instalments.
5. QUALITY OF GOODS
5.1 The Supplier warrants that on delivery, and for a period of 6 months from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with their description and any applicable Goods Specification and;
(b) be free from material defects in design, material and workmanship and;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by the Supplier.
5.2 Subject to clause 5.3, if:
(a) the Customer gives notice in writing during the warranty period within 14 days of delivery (time being of the essence) that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) the Supplier is given a reasonable opportunity of examining such Goods; and,
(c) the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business using the Freepost label supplied upon request unless it is deemed too large for Royal Mail in which case the Supplier shall arrange collection. However if the Goods are found to be not faulty a charge will be made for the collection cost.
the Supplier shall, at its sale option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 The Supplier shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(c) the defect arises as a result of the Supplier following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of the Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
(g) The Customer fails to give notice within 14 days of delivery as required under clause 5.2(a).
5.4 Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 Except as provided in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
5.6 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier under clause 5.2.
5.7 The Warranty Period shall not be extended if the Goods are not opened, inspected or used by the Customer or any third party within the warranty period.
6. TITLE AND RISK
6.1 The risk in the Goods shall pass to the Customer on delivery.
6.2 Title to the Goods shall pass to the Customer once the Supplier has received payment in full (in cash or cleared funds).
7. PRICE AND PAYMENT
7.1 The price for Goods shall be the price set out in the Order or, if no price is quoted, the price set out in the Supplier's published price list as at the date of delivery.
7.2 Unless specifically stated otherwise, Orders are quoted accordingly for delivery within mainland Australia with the exception of Pilates Studio equipment which will be determined by quotation.
7.3 The Supplier may by giving notice to the Customer at any time up to 30 days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods to the Supplier that is due to:
(i) any factor beyond the control of the Supplier (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(ii) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Goods Specification; or
(iii) any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give the Supplier adequate or accurate information or instructions in respect of the Goods.
7.4 The Customer shall pay for the Goods in full before delivery.
7.5 The Customer shall be liable for any and all tax liabilities, import or export duties or other imposition which it incurs in the process of receiving the
A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party's business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party's obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party's confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 8 shall survive termination of the Contract.
9. LIMITATION OF LIABILITY: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
9.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(e) defective products under the Consumer Protection Act 1987; or
(f) any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
9.2 Subject to clause 9.1:
(a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract ; and
(b) the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods and Services supplied.
(c) The Supplier makes no warranty as to the validity or enforceability of its Intellectual Property Rights nor as to whether the Goods infringe any Intellectual Property Rights of third parties.
9.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
9.4 This clause 9 shall survive termination of the Contract.
Except as provided below the Customer has the right to cancel the order for goods the moment the order is placed and ends 14 days from the day they receive the goods. The Customer can do this by completing the cancellation form in Appendix 1 but they are not obliged to do so.
Provided that the Customer will have
10.1 no right to cancel where the packaging of the Product supplied has been opened and otherwise interfered with in whole or in part.
10.2 If the order consists of multiple goods, the 14 days runs from the date when the last of the batch has been received by the customer.
10.3 The Customer must return the goods at their own cost within 14 days of cancelling the order. For larger items the Customer can request that the Supplier to collect the goods (mainland UK only). In the event of the Supplier collecting the goods a carriage charge of £11.50 (with the exception of Pilates Studio equipment which will be determined by quotation) will be deducted from the refund due to the customer.
10.4 The Supplier will refund the customer within 14 days of either receiving the goods back, or the customer providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.
10.5 A Deduction can be made if the value of the goods has been reduced as a result of the customer handling the goods more than was necessary. The extent to which a customer can handle the goods is the same as it would be if the customer was assessing them in a shop.
10.6 The Supplier will refund the basic delivery cost of getting the goods to the customer in the first place, so if the customer opted for enhanced service eg. Guaranteed next day, the Supplier only has to refund the basic cost.
11. FORCE MAJEURE
11.1 Neither party shall be liable for any delay or failure in performing its obligations under the Contract as a result of a Force Majeure Event. For the purposes of the Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
11.2 If the Force Majeure Event prevents the Supplier from providing any of the Goods for more than 21 days, the Supplier shall, without limiting its other rights or remedies, have the right to terminate the Contract immediately by giving written notice to the Customer.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The Customer shall not use the Goods for the purpose of designing or manufacturing identical Goods without the Supplier’s prior written consent. All Intellectual Property Rights in or in connection with the Goods which the Supplier owns shall remain the property of the Supplier.
13.1 Assignment and other dealings.
(a) The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract.
(b) The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
(a) Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax or e-mail.
(b) A notice or other communication shall be deemed to have been received:if delivered personally, when left at the address referred to in clause 9.2(a); if sent by pre-paid first class post or other next working day delivery service, at 10.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
(b) If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
13.4 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
13.5 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
13.6 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
13.7 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by a director of the Supplier.
13.8 Governing law and Jurisdiction. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English Law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Burgess Australasia Pty Ltd ( T/A Pilates Reformers Australasia) Medical Disclaimer
Pilates Reformers Australia and its employees make no claim as to the benefits arising from the use of Yoga and Fitness props and this site is in no way intended as a guide on how to practice yoga or how to use yoga props. Products purchased from Pilates Refomers Australia are used entirely at your own risk.
Our staff are not medically trained and we advise that you always consult a qualified fitness professional or teacher (or where appropriate a medical practitioner) before using our equipment. Pilates Reformers Australia will not be liable for consequential loses caused by the use of any of the products on this web site howsoever arising.
Purchasing From Pilates Reformers Australia
By placing your order you are offering to buy the goods and permitting us to use your personal details for the purposes of supplying goods (including passing your details onto couriers and other subcontractors). We will not use your details for other purposes other than those stated in our Privacy Statement - below, without asking your consent and you may request that your details are removed from our system by writing to the address above.
We are not obliged to supply the goods to you until we have confirmed acceptance of your order and this is when the contract is made. Your credit card payment will be deducted at checkout. You do not own the goods until we have received payment in full. All prices and offers are subject to change and availability.
Pilates Reformers Australia uses - PayPal*, Visa, MasterCard, and debit cards and uses a secure payment system. Payment can be made and will be charged accordingly in £ Sterling, US Dollars or Euros according to your preference. Cheques can be mailed to us made payable to Pilates Reformers Australia - please print out your order and send with payment. Please allow seven working days for cheque clearance.
*If paying by PayPal please make an instant payment if you use PayPal cheques we will have to wait for payment to clear (can be 7 days or more) before we dispatch your order.
GST and DUTY
The prices shown on the product pages include gst, (where applicable) at a rate of 10% . Duty
Upon submitting an order using our automated shopping basket system you will receive an E-Mail confirmation. Please check that the details contained in this email are correct. If there are any mistakes, please email us immediately. You may also print your invoice at the end of the check out and can login in to your account to view previous invoices at a later date. In the unlikely event of us being unable to fulfil your order or part thereof, (due to having sold out of a selected item), or there being an error in your order we will advise you as soon as it is possible. If payment has been made on an order that we are unable to fulfil we will immediately refund payment by the same method as the payment made.
Deliveries within Australia, excluding some remote areas, is mainly delivered by 2-3 day "signed for" courier service using Australia Post.
Occasionally we may deliver the goods in several consignments but if this is the case we will not charge any extra delivery for this. If we have not delivered the goods within 30 days of expected delivery then you may cancel the contract. We will refund any money paid by you. Please see the Delivery Section for full details and charges.
Product Guarantee and Returns Policy
Your satisfaction is essential to our success.
14 Day incorrect size Returns Policy
ToeSox Australia will happily give you a refund or exchange within 14 days of purchase, provided you have proof of purchase and the product:
- is still in its original and saleable condition and packaging, with all accessories included
- has not been worn or used
- is not a voucher or clearance item
This policy is in addition to your rights under the Australian Consumer Law, which are described in our Faulty Goods Returns Policy.
For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
If the problem is major, you are entitled to a replacement, repair or refund. Examples of major failure are when the product:
- has a problem that would have stopped you buying it had you known about it;
- is unsafe;
- is significantly different from the description of the product; or
- it arrived significantly damaged,
but does not include damage caused by misuse or returns simply due to change of mind.
If the problem is not major, we may choose to give you a replacement instead of a refund if this is possible.
We reserve the right to refuse to provide a refund, repair or replacement if the problem has, for instance, arisen because the product was misused by the customer.