Terms and Conditions

TERMS AND CONDITIONS

The material in this Web Site is copyright to Sporty’s Health. You are welcome to view, print and download the contents of the Web Site for personal use only,  and only for the purpose of completing an online order, but not for any commercial purposes or re-publication.  By browsing our website you are agreeing to these terms and conditions.

1. Web Site Information

a) We have tried to ensure that information provided in the Web Site is   accurate. However, due to human and or computer based error, there may be at times information, images, statements or otherwise that are not accurate and Sporty’s Health accepts no liability for these errors.

b) We do not accept liability for any loss (direct, indirect or consequential) which may arise from reliance on information contained in the Web Site or in respect of any error or omission.

c) Sporty’s Health in no way attempts to diagnose or treat any condition with information contained in this website.  Sporty’s Health accepts no responsibility of any therapeutic claims made on product packaging.  This website is no substitute for advise given by a qualified health practitioner.

2. Description of Products

a) The description and specification of products in the Web Site is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those products.

b) We may correct any error appearing in the Web Site or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.

3. Ordering Products

a) You may order products from the Web Site by submitting a completed order form through the check out procedure.

We will confirm acceptance of your order by e-mail to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us.

4. The Price and Payment

a) The price of the products will be the price quoted in the Web Site at the time we accept your order.

b) In addition to the price, you will have to pay our delivery charges as quoted in the Web Site at the time we accept your order - unless you qualify for free delivery. The amount of these charges varies according to the method of delivery and the delivery address you specify in your order.

c) Payment is made by credit card at the time we accept your order. (The credit cards we accept are listed in the Web Site at the time you place your order). Refunds (only when applicable) will generally be made by means of a credit to your credit card or as a store coupon or credit.

d) Although every care is taken in the quality of content on this site, there may occasionally be an error and items may be mispriced. In this event we will either: contact you to ask if you wish to cancel the order, or simply cancel the order and notify you, at our own discretion. We are under no obligation to supply goods at the incorrect price.

5. Delivery of Products

a) We will arrange for delivery of the products you order by the method and to the address which you specify in the check out procedure. However, the time for delivery will not be essential to the contract between us.

b) If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges.

c) If there is an error or any other delivery problem in respect of the products ordered, you must notify us in writing via email through our “Contact Us” link, within 7 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.

6. Freight

a) Sporty’s Health makes every attempt to have orders processed as fast as possible.  Most orders are processed and freighted out within 24 hours of being placed.  

b) Sporty’s Health reserve the right to send parcels out to customers by whichever means they see as appropriate.

c) Due to external factors Sporty’s Health can not guarantee transit times as this is done by external organisations. 

d) If you have delivery instructions for an order asking that your order be left, Sporty’s Health accepts no liability for loss or damage of that order.

6a. Express Post Freight Option

a) Sporty's Health offers express post freight at a flat charge depending on order weight but conditions apply with this option.

b) Parcels over 5kg in total including packaging can not be sent express post.

c) If your parcel is over 5kg we will send the parcel by normal freight which will take normal land transit times to your destination.

d) We will contact you by email to inform you that your order can not be sent express.  If we can not contact you we will proceed with the order but send it by normal freight means and you will not be charged the Express post fee.

e) PLEASE NOTE: Some destinations are not covered by express post and therefor will not get to your destination faster.  Here are a list of Post Codes covered by the express post network.

f) Sporty's Health accepts no liability if your parcel does not get to your destination faster.

7. Refunds

a) Refunds will be done on a case by case basis.

b) If you have ordered products that you no longer want and we have already sent the items you will be liable for any freight cost incurred by Sporty’s Health

c) No items will be refunded once you have opened the product containers or used the products or if the items are in an unsatisfactory condition or a duration of time has lapsed. However, your statutory rights concerning the quality of those products will be unaffected.

8. General

a) The products advertised in the Web Site are intended for sale to persons dealing as consumers and are not for re-sale.

9. Products with Free Promotional Giveaways Included

Please note that on any product where a free shirt or other free promotional item is offered this is only while stocks last and these items may be changed / substituted or not included if we run out of stock.  We reserve the rigtht to include an alternative to the offered free item if we choose to.

10. Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO SITES OR CHANGE THE SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.