Terms and Conditions
Terms and Conditions
Effective Date: 29/01/2025
This Agreement is between Elite Physiques trading under Valiant Industries Pty Ltd (we, our, or us) and you, the company, entity, or individual who is purchasing any products, services, or goods (Goods) from us through our website located at elitephysiques.club (Store) or through other means provided by us.
By purchasing Goods or Services from us, or proceeding with any quote issued, you agree:
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That you have reviewed and accept these Terms and Conditions for the Sale of Goods (Terms); and
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That you have the legal capacity to enter into a legally binding agreement with us.
You must not place an order for Goods, Services, or approve any quotes issued unless you are at least 18 years old.
1. Account Holders
1.1 You may be eligible to create an account to purchase Goods or Services from us (Account), which allows you to pay your invoices on a monthly basis. You may purchase Goods or Services from us with or without an account.
1.2 When you create an account and/or make a purchase, you may be asked to provide us with basic account information such as your name, shipping address, billing address, and payment details.
1.3 You must ensure that any information you provide to us when you create an Account, including any personal information, is accurate and up-to-date. All personal information that you give to us will be used to manage your account and will be treated in accordance with applicable law.
1.4 You are liable for all activity under your Account, including all purchases made using your Account details.
1.5 You may be required to complete a health assessment questionnaire.
2. Orders
2.1 You may order Goods or Services from us through our Store or as set out on our website (Order). Any Order placed by you is an offer to purchase the Goods or Services for the price notified (including the delivery and other applicable charges and taxes) at the time you place your Order.
2.2 We may, at our absolute discretion, accept or reject an Order. We will endeavour to notify you of a rejection at the time of the Order or within a reasonable time thereafter.
2.3 Each Order that we accept results in a separate binding agreement between you and us for the supply of Goods or Services in accordance with the Terms.
2.4 It is your responsibility to check the Order details and confirm the accuracy of all aspects of the Order, including the description of the Goods or Services set out in the Order, the pricing, and your contact details before you submit your Order to us.
2.5 When your Order has been confirmed, we will provide you with an Order confirmation, which may include an order number, an order ID, the delivery and billing addresses, and a description of what was ordered.
2.6 If you cancel your Order after we have accepted the Order, you will be liable for any costs that we have incurred or that we cannot recover as a result of that cancellation.
3. Price and Payments
3.1 You must pay us the purchase price of the Goods or Services that you order, plus any applicable Australian GST and delivery costs (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). Delivery costs are displayed separately from the price of the Goods.
3.2 If you do not have an Account with us, you must pay the Price upfront at the time of purchase. Only once the Price has been paid in full will we provide you with the Goods or Services.
3.3 If you have an Account with us, we will send you a monthly statement at the end of each month for Goods purchased or Services rendered during that month. You agree to pay the monthly statement as per the times and payment methods stipulated in the invoice.
3.4 If you fail to pay your invoice, we may suspend your Account and the provision of any Goods or Services under it until we receive payment. If you dispute an invoice, you must notify us in writing within 7 days of the invoice date, setting out full details of your dispute.
3.5 If full payment has not been made as per the Terms, we may immediately cease supplying Goods or Services and charge interest on the outstanding payment at a rate equal to the Reserve Bank of Australia’s cash rate plus 5% per annum, calculated daily and compounding monthly.
4. Delivery, Collection, Title, and Risk
4.1 We will deliver the Goods to the address you provide when placing your Order. Delivery costs will be advised when you place your Order.
4.2 Any delivery dates/times notified by us are estimates only. We accept no liability for any loss or damage due to delivery delays beyond our control.
4.3 Title to the Goods remains with us until payment is made in full. Risk in the Goods passes to you upon delivery.
5. Returns and Refunds
5.1 We do not offer change-of-mind returns or refunds. Refunds are only available for major failures as outlined under Australian Consumer Law.
5.2 Refund requests must be made within a reasonable time and supported with proof of purchase. Delivery costs for returns must be covered by you unless the claim is valid under Australian Consumer Law.
6. Limitation of Liability
6.1 To the maximum extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from your use of our Goods or Services.
6.2 Our total liability is limited to the amount paid by you for the relevant Goods or Services.
7. General
7.1 These Terms are governed by the laws of Western Australia. Disputes will be resolved in the courts of Western Australia.
7.2 Any feedback or complaints can be directed to our contact details below.
Contact Information
Telephone: +61455055732
Email: admin@elitephysiques.club
Mail: 7 Winmarley Street, Floreat, 6014, WA, Australia