Terms of service

 

Welcome to fiitgt.shop.

These Terms of Service (“Terms”) govern your access to and use of fiitgt.shop, including all information, content, features, products, services, and functionality made available through our website.

Throughout these Terms, the terms “we,” “us,” and “our” refer to fiitgt.shop. The terms “you” and “your” refer to any visitor, customer, or other person accessing or using our website.

By visiting our website, purchasing a product, or otherwise using our services, you agree to these Terms and to any policies incorporated into them, including our Privacy Policy, Return & Refund Policy, and Shipping Policy.

If you do not agree with these Terms, you should not use our website or purchase products from us.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, or protection that cannot lawfully be excluded under the Australian Consumer Law or other applicable Australian law.

1. Online Store Terms

By using our website or placing an order, you confirm that you have the legal capacity to enter into a binding agreement or, where required, have permission from a parent or legal guardian.

You must not use our website or products for any unlawful, fraudulent, or unauthorised purpose.

You must not use our services in a way that violates any applicable law or regulation.

You must not transmit viruses, malicious code, worms, malware, or any other code intended to disrupt, damage, interfere with, or gain unauthorised access to our website, systems, services, or other users.

A violation of these Terms may result in restriction or termination of access to our services where permitted by applicable law.

2. Shopify

Our online store is hosted using Shopify, which provides the ecommerce platform that enables us to offer products and services online.

Certain functionality, checkout services, payments, fraud prevention, hosting, analytics, and other features may be provided by Shopify or third-party services integrated with Shopify.

Your use of certain Shopify-powered features may also be subject to additional terms or privacy practices made available by Shopify or the relevant third-party provider.

3. Products and Services

We make reasonable efforts to display our products and their characteristics as accurately as possible.

Product information may include:

• Product names;

• Descriptions;

• Images;

• Colours;

• Sizes;

• Dimensions;

• Materials;

• Specifications;

• Availability; and

• Prices.

Colours and appearance may vary depending on your device, display settings, lighting, photography, or other technical factors.

Product images may be presented for illustrative purposes. We aim to ensure that descriptions and images accurately represent the products being offered.

We may update product descriptions, specifications, availability, and other information where reasonably necessary.

Nothing in this section limits your rights where a product does not comply with applicable consumer guarantees.

4. Product Availability

Products displayed on fiitgt.shop are subject to availability.

Adding a product to your shopping cart does not reserve that product.

We may limit product quantities where reasonably necessary for inventory management, fraud prevention, supply restrictions, or other legitimate operational reasons.

If a product becomes unavailable after you place an order, we will contact you and, where appropriate, provide a refund for the unavailable product or offer another lawful solution.

5. Prices

Prices displayed on fiitgt.shop are the prices applicable at the time they are displayed, subject to correction of genuine errors where permitted by law.

Prices may change from time to time.

A price change will not normally affect an order that has already been accepted, except where required or permitted by applicable law.

Any applicable charges will be shown during the ordering or checkout process before you complete your purchase.

We will not impose undisclosed mandatory charges after an order has been completed.

6. Currency

The currency applicable to your purchase will be displayed on our website or during checkout.

Depending on your payment provider, card issuer, or financial institution, currency conversion fees or international transaction fees may apply.

Any fees independently imposed by your financial institution or payment provider are outside our control.

7. Orders

When you place an order through fiitgt.shop, you are making an offer to purchase the selected products subject to these Terms.

Submitting an order does not necessarily mean that the order has been accepted.

After an order is placed, you may receive an electronic acknowledgement or order confirmation.

We may review orders for:

• Product availability;

• Payment authorisation;

• Shipping information;

• Suspected fraud;

• Pricing or technical errors; and

• Compliance with these Terms.

Once an order has been accepted and processed, it will proceed to fulfilment.

8. Right to Refuse or Cancel Orders

Where permitted by applicable law, we may refuse, limit, or cancel an order for legitimate reasons, including:

• A product is unavailable;

• Payment cannot be authorised;

• The shipping information is materially incomplete or invalid;

• We reasonably suspect fraudulent or unauthorised activity;

• An obvious pricing or technical error has occurred;

• An order violates these Terms; or

• We cannot lawfully fulfil the order.

If we cancel an order after payment has been successfully collected, we will refund the amount paid for the cancelled portion of the order using the original payment method, subject to applicable law.

We will not cancel an order for a reason prohibited by law.

9. Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate information when placing an order.

This includes accurate:

• Name;

• Email address;

• Billing information;

• Shipping information; and

• Payment information.

You are responsible for checking your order and delivery information before submitting your purchase.

If you discover an error after placing an order, contact us promptly at:

info@fiitgt.shop

We will make reasonable efforts to update information before fulfilment or dispatch, but changes cannot be guaranteed once processing or shipping has begun.

10. Payment

Payment must be completed using one of the payment methods offered during checkout.

Payment processing may be handled by Shopify or third-party payment providers.

By submitting payment information, you confirm that you are authorised to use the selected payment method.

Payment transactions may be subject to fraud screening, security verification, or additional authentication.

We reserve the right to delay processing where reasonably necessary to verify a transaction or investigate suspected fraud.

11. Promotions and Discount Codes

From time to time, we may offer:

• Discount codes;

• Promotional offers;

• Sales;

• Special pricing; or

• Other incentives.

Unless otherwise stated, promotional offers:

• Cannot necessarily be combined;

• May be subject to availability;

• May apply only to selected products;

• May have eligibility requirements; and

• May be withdrawn or corrected where there is a genuine error, subject to applicable law.

Any material conditions applicable to a promotion will be communicated with the offer.

Promotions do not affect consumer rights that cannot lawfully be excluded.

12. Shipping and Delivery

Shipping and delivery are governed by our Shipping Policy.

Estimated delivery periods are estimates unless expressly stated otherwise.

Delivery times may be affected by circumstances outside our reasonable control, including:

• Carrier delays;

• Customs processing;

• Severe weather;

• Natural disasters;

• Transport interruptions;

• Peak shopping periods;

• Incorrect delivery details; and

• Other logistical disruptions.

We will make reasonable efforts to fulfil orders within the delivery information communicated through our website.

Nothing in this section limits any rights or remedies available under applicable consumer law where goods are not supplied within an agreed or reasonable time.

13. Risk of Loss and Delivery

Products will be delivered to the shipping address provided when the order is placed.

Customers are responsible for providing a complete and accurate delivery address.

Risk in products passes in accordance with applicable law and the circumstances of delivery.

Where an order is lost, damaged, incorrectly delivered, or otherwise affected during shipping, please contact:

info@fiitgt.shop

We will review the circumstances and provide assistance consistent with our policies and applicable consumer law.

14. Returns, Refunds, and Exchanges

Returns, refunds, and exchanges are governed by our Return & Refund Policy.

Any voluntary return conditions offered by fiitgt.shop operate in addition to rights and remedies available under the Australian Consumer Law and other applicable laws.

Nothing in our Return & Refund Policy or these Terms is intended to exclude or restrict a consumer guarantee that cannot lawfully be excluded.

15. Australian Consumer Law

If you are a consumer for the purposes of the Australian Consumer Law, you may have statutory rights and consumer guarantees that apply to products purchased from us.

These rights may include guarantees relating to matters such as acceptable quality, fitness for disclosed purposes, correspondence with descriptions, and other requirements imposed by law.

Nothing in these Terms is intended to exclude, restrict, or modify any guarantee, condition, warranty, right, or remedy that cannot lawfully be excluded, restricted, or modified.

Where there is an inconsistency between these Terms and a mandatory consumer right under applicable law, the mandatory consumer right will prevail.

16. Personal Information and Privacy

Personal information submitted through fiitgt.shop is handled in accordance with our Privacy Policy.

When you use our website or place an order, certain personal information may be processed by Shopify, payment processors, shipping providers, fulfilment providers, and other service providers required to operate our store and fulfil your order.

Please review our Privacy Policy for further information about how personal information is handled.

17. Intellectual Property

Unless otherwise stated, the content made available through fiitgt.shop, including website design, text, graphics, logos, icons, images, product presentation, and other original content owned by us is protected by applicable intellectual property laws.

Third-party trademarks, logos, photographs, product names, and other intellectual property remain the property of their respective owners.

You may access our website for lawful personal and non-commercial shopping purposes.

You must not, without appropriate permission:

• Reproduce protected content;

• Republish protected content;

• Sell or commercially exploit protected content;

• Modify protected content;

• Distribute protected content; or

• Use protected content in a manner that infringes intellectual property rights.

Nothing in these Terms transfers ownership of intellectual property to you.

18. Prohibited Uses

You must not use our website:

• For unlawful purposes;

• To solicit others to perform unlawful acts;

• To violate applicable laws or regulations;

• To infringe intellectual property rights;

• To harass, abuse, threaten, discriminate against, or harm others;

• To submit intentionally false or misleading information;

• To transmit malware or malicious code;

• To collect personal information unlawfully;

• To interfere with website security;

• To attempt unauthorised access to systems or accounts;

• To engage in fraud;

• To circumvent website security features; or

• To materially interfere with the proper operation of our services.

We may take reasonable action to protect our website, customers, and business against prohibited activities.

19. Website Availability

We aim to keep fiitgt.shop reasonably accessible, but continuous or uninterrupted availability cannot be guaranteed.

Our website may occasionally be unavailable because of:

• Maintenance;

• Technical issues;

• Platform outages;

• Security updates;

• Network failures;

• Third-party service interruptions; or

• Events outside our reasonable control.

We may update, modify, suspend, or discontinue website features where reasonably necessary.

Nothing in this section excludes liability that cannot lawfully be excluded.

20. Accuracy of Website Information

We make reasonable efforts to provide accurate and current information.

However, occasional typographical, technical, pricing, product-description, inventory, or other errors may occur.

Where an error is identified, we may correct it in a manner consistent with applicable law.

We will not rely on this section to avoid obligations arising under Australian consumer protection laws.

21. Third-Party Services and Links

Our website may contain links to or integrations with third-party websites, payment platforms, shipping services, social media services, applications, or other third-party services.

Third-party services are operated independently and may have their own terms and privacy policies.

We are not responsible for the independent acts or omissions of third parties except to the extent liability cannot lawfully be excluded or where we are otherwise legally responsible.

You should review the terms and privacy practices applicable to any third-party service you choose to use.

22. Customer Reviews and Submitted Content

If fiitgt.shop allows customers to submit reviews, comments, photographs, feedback, suggestions, or other content, you remain responsible for the content you submit.

You must not knowingly submit content that:

• Is unlawful;

• Is defamatory;

• Is fraudulent or misleading;

• Infringes intellectual property rights;

• Violates another person’s privacy;

• Contains malicious code; or

• Is otherwise prohibited by applicable law.

Where you voluntarily submit content for publication, you grant us permission to display and use that content for the purpose for which it was submitted, subject to applicable law and our Privacy Policy.

23. Electronic Communications

By placing an order or contacting us electronically, you consent to receiving communications necessary to administer your purchase or enquiry electronically.

These may include:

• Order confirmations;

• Payment confirmations;

• Shipping notifications;

• Delivery updates;

• Customer service communications;

• Return or refund communications; and

• Important service notices.

Marketing communications are managed separately and may be unsubscribed from where applicable.

24. Fraud Prevention and Security

We may use reasonable security and fraud-prevention measures to protect customers and our business.

Orders may be subject to automated or manual fraud checks.

Where we reasonably identify suspicious activity, we may request additional verification, delay processing while conducting appropriate checks, or cancel a transaction where permitted by law.

We may also cooperate with payment providers, financial institutions, Shopify, or lawful authorities where appropriate.

25. Disclaimer of Warranties

To the maximum extent permitted by applicable law, we do not provide warranties or representations beyond those expressly stated by us or required by law.

However, nothing in these Terms excludes, restricts, or modifies any statutory consumer guarantee or other right that cannot lawfully be excluded, including rights arising under the Australian Consumer Law.

Any limitation or exclusion stated in these Terms applies only to the extent permitted by law.

26. Limitation of Liability

To the maximum extent permitted by applicable law, fiitgt.shop will not be responsible for losses that are not reasonably foreseeable or that arise solely from circumstances outside our reasonable control.

However, nothing in these Terms excludes, restricts, or limits liability where doing so would be unlawful.

In particular, nothing in these Terms limits your rights or remedies under the Australian Consumer Law where those rights or remedies cannot legally be excluded or restricted.

27. Indemnification

To the extent permitted by applicable law, you are responsible for losses reasonably caused by your unlawful use of the website, your deliberate violation of these Terms, or your infringement of another person’s rights.

This section does not require you to indemnify fiitgt.shop for losses caused by our own unlawful conduct, negligence, breach, or other matters where such an indemnity would be unfair or unenforceable under applicable law.

28. Force Majeure

We will not be responsible for delays or failure to perform obligations to the extent caused by events beyond our reasonable control, where permitted by law.

These events may include:

• Natural disasters;

• Severe weather;

• Fires;

• Floods;

• Epidemics or pandemics;

• War or civil disturbance;

• Government actions;

• Transportation interruptions;

• Carrier disruptions;

• Telecommunications failures;

• Power outages; or

• Other comparable events outside our reasonable control.

We will make reasonable efforts to minimise disruption and resume performance when reasonably possible.

This section does not remove statutory rights or remedies that cannot lawfully be excluded.

29. Severability

If any provision of these Terms is determined by a court or other competent authority to be unlawful, invalid, or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.

The remaining provisions will continue to apply to the extent permitted by law.

30. No Waiver

If we do not immediately enforce a provision of these Terms, this does not necessarily mean that we have waived our right to enforce that provision later.

Any waiver will apply only to the extent permitted by applicable law.

31. Entire Agreement

These Terms, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and other policies expressly incorporated by reference, constitute the terms governing your use of fiitgt.shop and purchases made through our website.

Nothing in this section limits representations, guarantees, rights, or remedies that cannot lawfully be excluded.

32. Changes to These Terms

We may update these Terms from time to time to reflect changes to:

• Our products;

• Our services;

• Our website;

• Our business operations;

• Technology;

• Legal requirements; or

• Shopify functionality.

Updated Terms will be published on fiitgt.shop.

Changes will not retrospectively remove rights already accrued under applicable law.

Your continued use of the website after updated Terms become effective will be subject to the current version to the extent permitted by law.

33. Governing Law

These Terms are governed by applicable laws of Australia.

Nothing in these Terms prevents a consumer from exercising any jurisdictional, statutory, or procedural rights available under applicable Australian law.

34. Dispute Resolution

If you have a concern relating to an order, product, refund, payment, or our services, we encourage you to contact us first so that we have an opportunity to investigate and resolve the matter.

Contact us at:

info@fiitgt.shop

We will make reasonable efforts to respond and resolve genuine customer concerns.

Nothing in this section prevents you from exercising rights or remedies available under applicable law, including contacting an appropriate consumer protection authority or commencing proceedings where legally permitted.

35. Contact Information

Questions regarding these Terms of Service, purchases, orders, or other matters concerning fiitgt.shop can be sent to:

fiitgt.shop
Customer Support Email: info@fiitgt.shop

We will make reasonable efforts to respond to customer enquiries as soon as practicable.

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