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Terms & Conditions

General Shop Conditions

This Try Fitness Online site at www.tryfitnessonline.com/shop , (the "Site") is a shopping website where you can browse, select and order products from Try Fitness Limited ("Try Fitness", "us" or "we)

The ‘buyer’ refers to any legal entity purchasing from the seller.

The buyers access to and use of the site, including the buyers order of products through the site, is governed by these terms and conditions.

If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

This agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of that place.

The customer agrees not to attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website.

Compliance

The buyer agrees to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the site. The buyer agrees to comply with the terms of use.

Product Orders

The buyer may order products by selecting and submitting the order through the site in accordance with these terms and conditions.

Website images and fact panels can vary between options within the same product.  While every effort is made to keep this information up to date and accurate we give no guarantee that it is 100% accurate.  Upon receiving your order please check the container including fact panel that it is what you ordered and fit for your personal consumption.  If you open the product before checking these it will be invalid for return.  Refer to the product description when making a choice of serving size.

Any order placed through this site for a product is an offer by the buyer to purchase the particular product for the price notified (including the delivery and other charges and taxes if applicable) at the time you place the order. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.

The seller may ask you to provide additional details or require you to confirm your details to enable us to process and complete any orders placed through the site.

You agree to provide us with current, complete and accurate details when asked to do so by the site.

Risk and title to the products passes to you on the date and time of delivery to the delivery address.

Terms & Conditions

Back Orders

Whilst we make every effort to ensure an accurate display of our stock, if we determine that we do not have a particular product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant product ("Back Ordered Products"). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.

Should we not be able to fulfil these standards of 30 days to backorder a product a full refund will be provided. Refunds will be provided to the payment method used to pace the order.  

Order Rejections

Occasionally, we may need to reject your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the site.

Each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:

1.     supply the products in that order to you in accordance with these terms and conditions; and

2.     provide you with an email confirmation of that order.

If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order. For any rejected items Try Fitness will issue a full refund to the payment method used for placing the order. 

Shipping Policy 

All purchases over $50 Free New Zealand only shipping is provided to standard addresses.

If you don't want Courier It to leave your parcel unattended please contact Try Fitness to inform the Courier or select the signature-required option. Neither Courier It, Try Fitness Limited nor any other shipping partner are liable for parcels that are stolen, damaged or lost after an item has been delivered.

We will only deliver products ordered through the site to a location where we provide delivery services.

We endeavour to dispatch your order next day following your order, however from time-to-time based on stock levels dispatch time may vary. After dispatch the expected delivery time is 3-5 working days, however after leaving Try Fitness Limited we cannot guarantee the delivery completion within this timeframe.  

We recommend that you be present to accept the delivery of your order if you have paid by credit card.

The person accepting the delivery of your order may need to provide us with proof of that person's identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.

You acknowledge and agree that any person at the delivery address who receives the products is authorized by you to receive your order.

Fees & Charges

We will charge you, and you agree to pay, the purchase price of each product that is ordered.

All fees and charges identified in these terms and conditions and all prices for the products are in New Zealand Dollars (NZD) and exclude any GST.

The purchase price of each product is shown on the product list on the site at the time you place your order. Try Fitness Limited reserves the right to change these prices from time-to-time and we can only guarantee the price on offer at the time of sale or order. 

Once an order has been accepted we will not change any prices to that order. 

Try Fitness Limited is not required to provide notice of any price changes that may come into effect and can change in an upwards or downwards direction. 

Payment Options 

You may pay the fees and charges for an accepted order using the following payment methods: 

The following credit or debit cards: 

  1. Visa
  2. Visa Debit 
  3. Mastercard
  4. Amex 

All payments are hosted securely through Stripe or Paypal, Try Fitness Limited does not retain any of your payment information and Stripe/Paypal encrypt all data securely that is used in checkout on the Try Fitness Online site. 

If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order.

If you choose to pay by credit card, you authorize us to debit the amount that is payable for an accepted order from your nominated credit card.

You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

All prices quoted are in New Zealand Dollars (NZD).

All transactions will be charged in NZD regardless of what the currency converter states.

Damaged Products & Returns 

You must check any product delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us through our Customer Service or by emailing info@tryfitnessonline.com

If you notice damage to a product after delivery, you should notify us within 10 days of delivery. If so, you may return the product to us in accordance with this clause.

Our Returns Policy is incorporated into these terms and conditions. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.

Liability

We exclude all implied terms and warranties whether statutory or otherwise, relating to the site or the subject matter of this agreement. You acknowledge that the site is provided "as is" and that we do not make any warranty or representation as to the suitability of the site or a product for any purpose.

Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):

1.   in the case of services: the resupply of the services; or the payment of the cost of resupply; and

2.   in the case of goods: the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.

Termination

We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:

1.     the breach cannot be remedied; or

2.     you fail to the remedy the breach within 10 days of our notice to you of that breach; or

3.     if there is an emergency.

We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

Consumption Disclaimer 

You should not use the information on the Website for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. 


Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such a product.

All information supplied has no warranty whatsoever. No warranty is made that any information on or linked to the Website is complete and/or accurate. All information contained on the Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only.

All information and statements on the Website regarding dietary supplements have not been evaluated by the Food and Drug Administration or the Therapeutic Goods Administration and are not intended to diagnose, treat, cure, or prevent any disease. For the purposes of identifying therapeutic goods and therapeutic claims, the definition of the term ‘therapeutic’ as stated in the Therapeutic Goods Act. 

In line with universally accepted legal precedence, Try Fitness accepts no liability whatsoever for any negative or undesired effects resulting from consumption of any product that is sold by Try Fitness. All liability for such effects lies with the manufacturer, notwithstanding that the manufacturer may be governed by a legal jurisdiction outside of New Zealand.

The consumer should always check with a health physician before undertaking any type of supplementation or exercise program. You should read carefully all product packaging prior to opening and use.

Changes to Terms & Conditions 

Try Fitness reserves the right to update terms & conditions from time-to-time. The latest version of our terms & conditions will always be displayed on both our website and shop at the time of purchase and we encourage to re-check the terms and conditions before placing any future orders or services from us. 

We will not change the terms & conditions for any accepted orders. 

The latest version of the terms & conditions was published on 19/05/2021

Privacy 

We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1993. The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy. Our full privacy policy is available online. 

We will collect your personal information through your use of the site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely: for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the site; and with, to and from third parties who provide services to us in relation to online shopping. These may include delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions. for other purposes to which you consent to (either express or inferred consent) You may access your personal information by contacting us on info@tryfitnessonline.com 

Fitness App & Personal Training

As well as providing New Zealand’s leading supplements Try Fitness Limited also provides healthy eating meal recipes and personal training services through its online app. 

1. Full access to the Try Fitness Online service of personal training and nutritional information is available only in the paid areas of membership at $7.99. Try Fitness Online does have some content available for free to users to help record fitness goals, monitor progress, and access some nutrition and lifestyle advice. These free areas can be accessed after cancelling any premium memberships. 

2. Try Fitness Online reserves the right to vary the amount of content available to free users from time to time. 

3. Should the customer need to contact the Try Fitness Online team they will be available by emailing info@tryfitnessonline.com.

4. Try Fitness Online operates and is regulated under New Zealand business laws and is registered as TryFitness Online Limited.

5. Try Fitness Online can be cancelled at any time by emailing info@tryfitnessonline.com 

FREE Period of Access 

1. Your subscription may start with a free period of access and will be specified during your online sign-up. 

2. Free periods of access are for new subscribers only (one per subscriber) and are subject to availability. 

3. Try Fitness Online will begin charging your payment method for subscription fees at the end of your free period of access. You can cancel your subscription at any time during your free period of access by emailing info@tryfitnessonline.com

Payment Terms and Conditions

1. All payments made to Try Fitness Online are paid in advance for the next 7 days of membership. 

2. All payments are to be made using stripe on the Try Fitness Online website. 

3. Try Fitness Online never stores or holds any payment information and all payment is done securely through the stripe operating platform. 

4. Try Fitness Online service will automatically renew and make reoccurring payments of $7.99 per week. By agreeing to the terms and conditions you consent to this payment and are aware of the cancelation processes detailed below. 

5. Try Fitness Online will make a donation of $1 for every customer transaction to the Start Sport New Zealand Charitable Trust. 

6. All membership payments are non-refundable. 

7. A Try Fitness Online membership can be cancelled at any time without termination cost. This can also be done directly in your own Stripe account or by contacting the Try Fitness Online team. All cancelation requests can take up to 2 working hours to process, but the Try Fitness Online team does work to process all requests in a reasonable timeframe. 

8. Try Fitness Online reserves the right to change the service price from time to time and could be subject to change. Any changes to pricing structures will be communicated to customers in writing at which point their membership will only continue with their acceptance of the new pricing. Should a customer choose not to accept any new pricing structures Try Fitness Online reserves the right to end membership should it choose to do so. 

9. All Try Fitness Online pricing is exclusive of GST or any other regional or international taxes that may be applicable in your region. 

FREE User Area

1. Free users have access to all nutrition and lifestyle blogs, which are for educational purposes only. 

2. Free users also have access to fitness tracking tools to monitor their progress towards a fitness goal, all exercise testing is done at your own risk and if you have a known medical condition you should seek medical advice before conducting a fitness test. 

3. Personal Training is available by upgrading to a premium membership plan. 

Exercise Terms and Conditions

1. You are responsible for exercising within your limits.

2. Consult your doctor before using the TryFitness Online Service (and follow his or her advice. Do not use the Try Fitness Online Service if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries.

3. If at any time you feel you are exercising beyond your current fitness abilities or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately.

4. Nothing on the Try Fitness Online Service constitutes medical or professional advice or care. We do not guarantee any exercise, health, weight loss, or fitness results or improvements to users of the Try Fitness Online Service.

5. WARNING: Do not participate in indicated videos if prone to seizures. Flashing lights and rapid imagery changes may be used. Motion sickness may be experienced.

6. Your use of the website and any of its services is solely at your own risk.

7.  You acknowledge that exercise is not without risk of injury and that you are responsible for taking appropriate measures to avoid injury whilst using this website. This website is not recommended as a specific treatment plan and is in no way a substitute for medical advice.

8. If unsure about any exercise please do not perform the exercise until you are spoken to your coach. Through the Try Fitness Online service, you will be able to contact your trainer by comment or chat message. Photos and videos can also be shared for further clarification. Try Fitness Online will respond to all messages in a timely manner and always aim to respond to any training program on the same working day during the hours of 9 am to 6 pm. 

9. Programs are all designed by REPs Registered Exercise professionals.  Try Fitness Limited disclaims any liability from and in connection with this program or information from our website.

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