In these Terms of Service “we,” “us,” “our,” or “FITnFLOAT” means Fineline Shelving Pty Ltd ATF FLS Unit Trust (ABN 28 769 812 250) trading as FITnFLOAT. “You” and “Yours” means our Customer. “Goods” means the product sold by FITnFLOAT.
We reserve the right to withdraw or amend this Website without notice. We will not be liable if, for any reason, this Website is unavailable at any time, or for any period of time. From time to time, we may restrict access to some parts of or the entire Website. We reserve the right to suspend, restrict, or terminate your access to this Website at any time without notice.
COPYRIGHT AND TRADEMARKS
All text, graphics, logos, button icons, images, audio clips, videos, software, downloads, and any other content present on this Website is the property of FITnFLOAT and is subject to Australian and international copyright laws. Copyrights or trademarks of FITnFLOAT may not be used without our written permission. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Without the explicit written permission of FITnFLOAT, any other use of content found on this Website (including linking and framing) is strictly prohibited.
By using this Website, you agree that you must not:
- Commit or encourage a criminal offence;
- Transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- Corrupt data;
- Use foul, threatening, or offensive language including, without limitation, defamatory, libellous, racist, sexist, ageist, homophobic, or sexually explicit language;
- Cause annoyance to other users;
- Infringe upon the rights of any other person's proprietary rights;
- Send any unsolicited advertising or promotional material, commonly referred to as "spam";
- Attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;
- Use the Website for any purpose other than your personal use.
FITnFLOAT may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Where you register for any area of this Website, the following terms and conditions apply.
You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
FITnFLOAT reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.
If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a cafe, university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your FITnFLOAT account. We therefore advise you to ensure you log out of all services when you have finished using a public computer.
Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings, you may stay signed on from that device. This means that someone else with access to your device may be able to access your FITnFLOAT account. You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password for your FITnFLOAT account.
ERRORS AND INACCURACIES
Though it is our priority to provide you with complete, current, and accurate information, our Website may contain content that is subject to human and/or technological errors (e.g., typographical errors, inaccuracies, omissions, etc.). This content may include information related to pricing and availability, as well as material that is incomplete or outdated. FITnFLOAT reserves the right to correct such information, even after an order has been placed. We may change or update information without prior notice at any time. Consequently, we apologise for any inconvenience that such errors may produce.
We have made every effort to display the products featured as accurately as possible. However, the colours we use, as well as the display and colour capabilities of your particular computer monitor, may greatly affect the colours you actually see on the screen.FITnFLOAT is not responsible for any limitations of your monitor and cannot guarantee that your monitor's display of any colour, texture, or detail of merchandise will be accurate/the same as the actual product.
Access to this Website and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair, or for reasons beyond our control.
You agree to use this Website at your own risk and to indemnify, defend and hold harmless FITnFLOAT, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms & Conditions or mis-use of the goods.
DISCLAIMER OF LIABILITY
FITnFLOAT makes no representations or warranties of any kind, whether expressed or implied, with respect to this Website, its content (except for the manufacturers warranties Returns Policy in respect of the products), or the information available on or through it, they are provided “as is” with all faults. Except as otherwise provided under applicable laws (and the said manufacturers warranties), FITnFLOAT and our affiliates, directors, officers, employees, agents, contractors, successors, and assigns of each, will not be liable for any damages arising out of or related to the use of this Website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, along with damages for profits, business interruption, or the loss of data or information, regardless of whether we are notified of the potential for such damages in advance.
You accept all risk and responsibility for consequences arising from the use of the goods whether singly or in combination with other products.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms & Conditions is hereby excluded (except as set out in the said manufacturer’s warranties). Where legislation implies any condition or warranty and that legislation prohibits us from excluding or modifying the application of or our liability under such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms & Conditions is hereby excluded (except as set out in the said manufacturers warranties). Where legislation implies any condition or warranty and that legislation prohibits us from excluding or modifying the application of or our liability under such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods; (i) the replacement of the goods or the supply of the equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
Failure of FITnFLOAT to take any action if you breach these Terms & Conditions shall not be construed as a continuing waiver or relinquishment of such right to take action. FITnFLOAT will still be entitled to use our rights and remedies in any situation where you breach these Terms & Conditions. If any part of these Terms & Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These Terms & Conditions are to be construed in accordance with Victorian and Australian law and in the event of any dispute or claim associated with these Terms & Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of or in Victoria and courts of appeal therefrom.
TERMS OF SALE
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the Website Terms & Conditions including the following Terms of Sale. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to transact with FITnFLOAT you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. FITnFLOAT retains the right to refuse any order made by you.
When placing an order you warrant that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
The cost of goods and services may fluctuate. All prices advertised are subject to such changes.
Risk of loss or damage to the goods passes to you upon dispatch.
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and such contract will incorporate our Terms and Conditions set out on this website.
PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will promptly inform you of this and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.
The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
Upon receiving an order, a standard pre-authorisation check on your credit or debit card is conducted to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once payment has been approved.
This warranty is given by Fineline Shelving Pty Ltd ATF FLS Unit Trust ABN 28 769 812 250.
Business address: Factory 1, 4 Sovereign Drive, Hastings Victoria, 3195
Telephone number: 03 59702689
What is the warranty on FITnFLOAT products? Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation or any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
FITnFLOAT also offers an extended warranty on certain products. Please check the product page for the item of interest to determine whether a FITnFLOAT warranty applies. View our Returns Policy to learn more on FITnFLOAT warranties.
The goods are sold with warranties under the Competition and Consumer Act 2010 (Cth) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
In addition your rights and remedies under applicable laws, the goods may come with a warranty against defects appearing within a specified time from the date of sale (damage caused by misuse or failure to follow care instructions specifically excluded).
To claim a Customer must (at its cost):
(a) check the goods purchased to determine if the FITnFLOAT warranty period applies to the goods;
(b) notify FITnFLOAT of the defect during the warranty period; and
(c) provide FITnFLOAT with proof of purchase and the defective goods upon request.
If FITnFLOAT is satisfied the goods are defective in materials or workmanship, FITnFLOAT will then (at its option) refund, repair or replace the defective goods or part of the defective goods for free.
To the extent permitted by law and subject to your rights under the Competition and Consumer Act 2010 (Cth) and similar legislation, you agree that we will not otherwise be liable to you in respect of any direct, special, incidental, indirect or consequential damages arising in connection with this product. This clause will not be construed as excluding, qualifying or limiting your statutory rights or remedies where such exclusion, qualification or limitation would be prohibited by legislation.
FITnFLOAT RETURNS POLICY
Whether you purchased your item directly from us or a retail store we are happy to work with you. If you have questions regarding our policy please contact us via email
If you think that there is a fault with the goods you have received, please let us know straight away by contacting our business at:
Business address: Factory 1, 4 Sovereign Drive Hastings Vic 3915
Telephone number: 03 59792689
Please include as many details as possible about the order and the problem with the goods.
In addition to your other rights and remedies under applicable laws this product may come with a FITnFLOAT warranty against defects appearing within a specified time from the date of sale (damage caused by misuse or failure to follow care instructions specifically excluded). Please check the product page for the item you have purchased to determine whether a FITnFLOAT warranty applies to your product.
To claim you must (at your cost):
(a) notify us of the defect during the warranty period by email or post to either of the above addresses; and
(b) provide us with proof of purchase and the defective product upon request.
If we are satisfied the product is defective in materials or workmanship, we will then (at our option) refund, repair or replace the defective product or part of the defective product for free.
QUOTATIONS AND ORDERS
(a) A quotation by FITnFLOAT shall merely be an invitation to you to treat with FITnFLOAT, it shall not constitute any offer. Quotations will remain valid for seven (7) business days from the date of the quotation after which date they are subject to alteration or withdrawal without notice.
(b) Any modification to a quotation will be effective only if such modification is expressed in writing by FITnFLOAT.
(a) All prices are expressed in Australian currency and exclude the costs of freight, delivery, unloading, discharging and insurance.
(b) The price(s) charged to you, shall be the price(s) ruling as at the date of delivery. Any price indications or price lists are subject to alteration to price(s) ruling as at delivery date.
(c) If any statutory charge, duty or impost is levied in respect of the goods which has not been allowed for by FITnFLOAT in calculating the price then the same shall be borne by you and the price shall be increased accordingly.
(d) FITnFLOAT reserves the right to require you to pay to FITnFLOAT at any time prior to the delivery of the goods such part or whole of the contract price as FITnFLOAT considers appropriate.
DELIVERY OF THE GOODS
(a) All costs of freight, insurance, delivery and unloading the goods on their arrival at the agreed place of destination shall be borne by you and you shall indemnify and keep FITnFLOAT indemnified for such costs accordingly.
(b) Deliveries will be scheduled for normal trading hours as determined from time to time by FITnFLOAT. FITnFLOAT reserves the right to deliver the goods by instalment and using any mode of transport.
(c) You are deemed to accept delivery of the goods when the goods are placed at your disposal at the agreed place of destination or if the goods are sold on an ex-depot basis when placed on the appropriate carrier at FITnFLOAT's premises.
(d) If you direct that delivery of the goods be staggered over different times or to different addresses from those specified in the original order, then you will be liable for any additional charges incurred by FITnFLOAT in complying with your direction.
(e) If you are unable or fail to accept delivery of the goods, FITnFLOAT may deliver the goods to a place of storage nominated by you and failing such nomination to a place determined by FITnFLOAT. Such delivery shall be deemed to be delivered to you at the agreed place of destination. You shall be liable for all costs incurred by FITnFLOAT due to storage, detention, double cartage or similar causes if these costs are caused by your inability or failure to accept delivery of the goods when delivered or ready for delivery by FITnFLOAT.
RISK AND INSURANCE
(a) All risk in the goods shall pass to you upon leaving our premises notwithstanding that delivery of the goods may be staggered or that you may not have signed a receipt for the goods.
(b) Your assumption of risk in the goods delivered to it shall not be interpreted as inconsistent with the retention of FITnFLOAT's title in those goods pending payment in full.
(c) The goods comprise, for most part, shelving which must only be used for the purpose for which it is designed and FITnFLOAT accepts no responsibility for any misuse by you or end user if that is you.
INSTALLING THE GOODS
FITnFLOAT recommends that the back board for the shelving be installed by an experienced tradesperson and you accept full responsibility for any injury resulting from the defective installation of goods contrary to this recommendation.
FITnFLOAT takes no responsibility for the workmanship or the quality of work performed by installers or other sub-contractors, recommended by FITnFLOAT.
TIME OF DELIVERY
Any time quoted for delivery is an estimate only and FITnFLOAT shall not be liable for any loss or damage howsoever arising as a result of or consequence of any failure to deliver or delay in delivery arising from any circumstances whatsoever UNLESS the failure or delay in delivery of the Goods is due to FITnFLOAT's negligence or wilful default and the Purchaser notifies FITnFLOAT in writing by registered or certified mail of such loss or damage within TWO (2) days from the Date of Delivery. The purchaser shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery. If FITnFLOAT determines that it is or may be unable to deliver within a reasonable time or at all the Sales Order may be cancelled by FITnFLOAT. In the event of cancellation, the Purchaser shall not have any claim against FITnFLOAT for any damage, loss, cost or expense whatsoever.
(a) No cancellation or suspension of the Contract or any part thereof by you shall be binding on FITnFLOAT.
(b) Notwithstanding the preceding clause FITnFLOAT may agree to suspend or cancel the Contract or any part thereof PROVIDED THAT the agreement of FITnFLOAT to suspend or cancel is in writing and you pay to FITnFLOAT in addition to a restocking charge of fifteen per centum (15%) of the price of the goods the subject of the suspension or cancellation, what FITnFLOAT considers to be a fair and reasonable amount to fully compensate FITnFLOAT for any costs, expenses, loss of profit and consequential damage that FITnFLOAT has or may suffer in relation to such suspension or cancellation.
RETENTION OF TITLE
(a) Until full payment in cleared funds is received by FITnFLOAT:-
(i) you shall keep all goods delivered to you by FITnFLOAT separate from your property;
(ii) you shall not dispose of or use the goods; and
(iii) the property in the goods shall remain vested in FITnFLOAT and shall not pass to you.
(b) If you dispose of or use the goods before full payment in cleared funds is made to FITnFLOAT all monies resulting from such disposal or use shall, until such full payment is made to FITnFLOAT, be held on trust for FITnFLOAT and shall be specifically earmarked in the accounts of you as the property of FITnFLOAT and placed into a special bank account designated for that purpose.
If any provision of the these terms and conditions shall be determined to be void by any court of competent jurisdiction, then such a determination shall not affect any other provision hereof and each such other provision shall remain in full force and effect.
The purchaser agrees to indemnify FITnFLOAT with all legal costs, charges, expenses and disbursements incurred in the collection or attempted collection of monies due.
Any mistake on any quotation, order, invoice, delivery docket or other document issued by FITnFLOAT in relation to the Contract shall not be binding on FITnFLOAT and FITnFLOAT may in its discretion issue such amended document as is required to rectify such mistake. You shall comply with FITnFLOAT's amended document.
You irrevocably grant to FITnFLOAT authority to enter into, forcibly or otherwise, all of the premises of you for the purpose of inspecting or removing (subject to the terms of the Contract) any goods, Consigned Goods or pallets of FITnFLOAT.
WHAT WE COLLECT
FITnFLOAT will not collect personal information unless the information is necessary for one or more of its business functions or activities. Where personal information is required, in the first instance it will be collected from that individual, where it is reasonable and practicable to do so. If this is not possible, it will be collected only by lawful and fair means and not in an unreasonably intrusive way.
WE MAY COLLECT THE FOLLOWING INFORMATION:
- Information that identifies you such as your name;
- Contact information including email address;
- Demographic information such as postcode, preferences and interests;
- Other information relevant to customer surveys, promotions and/or offers.
INFORMATION USE AND DISCLOSURE
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons.
- Internal record keeping.
- To improve our products and services.
- To send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- To contact winners of contests and promotions.
- For market research purposes.
- To customise the website according to your interests
FITnFLOAT will not disclose personal information about an individual for a purpose other than the primary purpose of collection unless:
- The individual has consented to the use and disclosure;
- The secondary purpose is related to the primary purpose and such use would be reasonably expected;
- The information is health related and the disclosure is necessary for public health and safety;
- FITnFLOAT suspects that unlawful activity has been, is being or may occur; or
- The disclosure is required by law.
If FITnFLOAT is required to disclose personal information on any of the above grounds, a written note of the disclosure will be made.
FITnFLOAT takes reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.
FITnFLOAT is not likely to disclose information to overseas recipients and would only do so in accordance with legal requirements.
FITnFLOAT is committed to keeping your information secure and will take reasonable steps to protect the personal information it holds from misuse, loss and unauthorised access, modification or disclosure. Reasonable steps will be undertaken to destroy or permanently de-identify personal information if it is no longer needed.
Cookies may be used on some areas of our website. A cookie is a small file placed on your computer’s hard drive which tracks website navigation. The cookie allows this website to recognise you as an individual as you move from one page to another. This information is generally used to gather meaningful statistics about the site’s usage and is analysed to improve the design of the site.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
CONTROLLING YOUR PERSONAL INFORMATION
At any time, you can log in to your account to make changes to your personal information or change your preferences.
You may request details of personal information which we hold about you by writing to us or emailing us. This information will be given to you provided that:
- It does not pose a serious threat to the life or health of any individual;
- Providing access would not have an unreasonable impact upon the privacy of other individuals;
- The request is not frivolous or vexatious;
- The information does not relate to existing or anticipated legal proceedings between the individual and FITnFLOAT that could be accessible by the process of discovery in those proceedings;
- Negotiations would not be prejudiced (between the individual and FITnFLOAT);
- Providing access would not be unlawful;
- FITnFLOAT does not have reason to suspect unlawful activity or serious misconduct in relation to FITnFLOAT’s functions or activities and that giving access would be likely to prejudice the taking of appropriate action;
- It would not be likely to prejudice the enforcement related activities by an enforcement body; and
- It would not reveal FITnFLOAT’s evaluative information connected to a commercially sensitive decision-making process.
If any of the above issues are potential outcomes, consideration should be given to (if reasonable), the use of mutually agreed intermediaries to allow sufficient access to meet the needs of both parties.
Please set out details of your concerns and your contact details. Our business will contact you to acknowledge your request and ask for any other applicable information. Our Privacy Officer will then investigate the issue and advise you in writing of the outcome.
You can also make a complaint to the Office of the Australian Information Commission. Further information is available at www.oaic.gov.au.