Terms & Conditions
IN GENERAL
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website without notice.
PRIVACY POLICY
Our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy page. By using this website, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.
PROHIBITIONS
You must not misuse this website. You will 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; hack into any aspect of the Service; corrupt data; 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”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content made available to you on or through this website remain the property of Monsta Pty Ltd and are protected by copyright laws and treaties in Australia. All such rights are reserved by Monsta Pty Ltd. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, 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 unless otherwise agreed upon.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. 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 subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Pre-Order Policy, Shipping Policy or Refund Policy pages for further information. In order to contract with RAW Fitness Equipment you must be over 18 years of age or if you are a minor, have the legal consent of a guardian and possess a valid credit or debit card issued by a bank acceptable to us. RAW Fitness Equipment retains the right to refuse any request made by you.
OUR CONTRACT
1. When you place an order, you will receive an acknowledgement email confirming 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 by us and we have debited your credit or debit card.
2. Pricing and Availability
a) Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible 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 the order is cancelled and you have already paid for the goods, you will receive a full refund.
b) Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
c) The service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
3. Payment
b) In the event of a default payment, failure to pay, unsettled account, negligent act, breach of contract, misrepresentation or omission of information, you are liable for all costs, fees and disbursements to pursue debt collection. You authorise RAW Fitness Equipment to share your personal, confidential information and agree that you may contacted by a collection agency acting on our behalf to recover any debts.
c) Any orders not paid in full, a non-refundable deposit of 20% is required to lock in your order.
4. Cancellation of Orders
RAW Fitness Equipment reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted. RAW Fitness Equipment may do this for example, but without limitation, where:
a) RAW Fitness Equipment’s suppliers are unable to supply Goods that they have previously promised to supply;
b) An event beyond RAW Fitness Equipment’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that RAW Fitness Equipment is unable to supply the Goods within a reasonable time;
c) Goods ordered were subject to an error on the Website, for example on the Website, for example, in relation to a description, price or images, which was not discovered prior to the order being accepted;
d) You ask RAW Fitness Equipment to cancel your order in accordance to Returns & Exchanges.
e) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, RAW Fitness Equipment will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5. Availability of Stock
a) As RAW Fitness Equipment is dependent upon its Suppliers to provide stock, RAW cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. RAW Fitness Equipment reserves the right to withdraw or suspend from sale any Goods displayed on the website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), RAW Fitness Equipment will not be liable to you, or any person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. You have received the wrong item
a) Please email info@rawfitnessequipment.com.au with photos and advise of mix up.
b) Freight will be booked to arrange for the product(s) to be returned to us.
c) A label will be provided to be stuck on the box.
d) Once the return has been received and assessed at our WHS, we will freight out the correct product(s) ordered.
e) If the incorrect product(s) received are not returned to us, we will modify your order and charge you for the product(s) you are keeping by crediting the item(s) you ordered and apply it against the item(s) you received.
f) In the event that freight is booked and you do not comply with returning the item(s), any charges incurred for this booking will be passed to you.
g) A credit for the difference will be issued in the form of a credit note.
7. Warranty
a) Warranty period is as of the date of purchase.
b) Warranty does not cover normal wear and tear or cosmetic damage.
c) Warranty does not cover improper use or products not being maintained properly.
d) Third party products (non-RAW Fitness Equipment branded) will be covered by the specific company’s warranty policy.
e) We offer a life time manufacturer warranty on solid steel products, barbells and structural pieces of our full commercial racks and rigs. (The lifespan of these products is 5 years.)
f) All rubber and synthetic products unless otherwise specified come with a 3 month manufacturer warranty.
g) 5kg Bumper Plates are not intended to be thrown, dropped, slammed on the ground or used in any similar manner. Any 5kg Bumper Plates used in an incorrect way, or manner other than their intended use, will not be covered under warranty.
h) All other products come with a 12 month manufacturer warranty as per Australian Consumer Law provisions.
8. Gift Card(s)
a) Gift Cards purchased on this site are redeemable online at rawfitnessequipment.com.au. Gift Cards are redeemable for merchandise only and cannot be used to purchase another Gift Card.
b) An order confirmation should be received within 24 hours of purchasing your gift card. Order confirmations are sent to the sender/purchaser(s) email address, not the intended recipient of the Gift Card. It is the responsibility of the purchaser to delegate the Gift Card to the intended recipient.
c) Gift Cards are to be redeemed online. Simply visit www.rawfitnessequipment.com.au and enter the 16-digit card number during the checkout process.
d) Gift Cards issued by Monsta Pty Ltd are redeemable for merchandise only. The balance left on a Gift Card will not be returned to a customer in the form of cash.
e) Gift Cards can not be returned, applied to previously purchased merchandise, or used to buy another gift card. Promotions or discounts cannot be applied to gift card purchases.
f) If a Gift Card is lost, stolen or destroyed, it is at RAW Fitness Equipment’s discretion to replace it if you provide the card number. A replacement card will be the value of the Gift Card at the time RAW Fitness Equipment processes your request.
g) Gift Cards purchased will expire 3 years from the date of purchase.
GIVEAWAY
By submitting an entry to the RAW Monthly Giveaway (the “Promotion”), you acknowledge that you have read and agree to be bound by these Terms and Conditions and the decisions of RAW Fitness Equipment, and that you satisfy all eligibility requirements.
Instructions, prizes and information on how to enter form part of these Terms and Conditions. By entering, entrants accept these Terms and Conditions.
The Promoter is Monsta Pty Ltd, 10D 1-3 Endeavour Rd, Caringbah NSW 2229.
The Promotional Period commences on 2nd December 2024 and ends at 11:59pm AEST 19th December 2024 (“Promotional Period”).
Entry is open to RAW Fitness Equipment customers who are Australian residents aged 18 years or over, located in RAW Fitness Equipment delivery zones within New South Wales (NSW), Victoria (VIC), Queensland (QLD), Western Australia (WA), South Australia (SA), Tasmania (TAS), Northern Territory (NT) and Australian Capital Territory (ACT). To check whether you are within RAW Fitness Equipment delivery zones, please visit rawfitnessequipment.com.au, go to the checkout page and search your postcode. Employees, immediate family members of employees, employees of any company associated with the Promotion are ineligible to enter. Entrants must be over 18 years old.
To enter, individuals must undertake the following steps during the relevant Promotional Period:
- Follow @rawfitnessequipment
- Tag 1 friends in the comments of the giveaway post (unlimited entry).
- Bonus entries: Share post on your story and/or Sign up for our mailing list for 5 extra entries.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Incomplete, indecipherable or illegible entries will be deemed invalid.
One (1) comment is equivalent to one (1) entry. The judging will take place at 12:00pm AEST 20th December 2024 at RAW HQ located at 10D 1-3 Endeavour Rd, Caringbah NSW 2229. The winner will be notified by Instagram DM and/or email; and announced via Instagram Story.
Winners will be selected from eligible entries, based on the quality of the entry as judged by the Promoter. The Promoter’s decision is final and no correspondence will be entered into. If no entries are deemed to meet the Promoters standards, no winners will be chosen.
One (1) winner will be selected by the Promoter. Total maximum prize value is no more than AUD$762. Prizes are not transferable or exchangeable and cannot be taken as cash. Gift Cards can be used against any RAW product however, can not be used on shipping costs (pick-up is optional).
Prize pack consists of:
1x RAW Massage Gun Pro - Mini valued at $262
1x $500 RAW Fitness Equipment E-Gift Card
Entrants consent to the Promoter using their name, likeness, image, voice and/or social media posts content in the event they are the winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
to disqualify any entrant; or
subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
Any cost associated with accessing the promotional website(s) is the entrant’s responsibility and is dependent on the Internet service provider used.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non- Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
any theft, unauthorised access or third party interference;
any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
any variation in prize value to that stated in these Terms and Conditions;
any tax liability incurred by a winner or entrant; or
use of the prize.
Entrants agree to these Terms and Conditions and the decisions of the Promoter, and release, defend and hold harmless the Promoter and its affiliated companies, and all other businesses involved in this Promotion, as well as the employees, officers, directors and agents of each, from all claims and liability relating to their participation, acceptance and use or misuse of prize. Promoter is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize.
The Promoter collects personal information in order to conduct the Promotion. Your information will never be sold to anyone. Information provided by you to participate in this competition is subject to Sponsor’s privacy policy located at https://rawfitnessequipment.com.au/policies/privacy-policy. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
Entry is conditional on providing this information.
Entrants should direct any request to opt out, access, update or correct information to the Promoter.
All entries become the property of the Promoter.
RAW Fitness Equipment reserves the right to alter any rules of any Promotion at any time. If you have any questions or complaints about a RAW Fitness Equipment promotion, please contact info@rawfitnessequipment.com.au
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or any other platforms where this promotion may be advertised.
Prizes are not an endorsement by Monsta Pty Ltd of the business or brand that are the retailer or distributor of the prize, and this Promotion is in no way sponsored, endorsed or administered by, or associated with, any businesses or brands that make, distribute, or supply any part of the prize.
DISCLAIMER OF LIABILITY
a) Website - The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Raw Fitness Equipment and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. By placing an order on this Website, you agree to take full responsibility for any resulting injuries or accidents which may occur while using any of the products.
b) Rig Builder App – Whilst we try and ensure that all details, descriptions and prices which appear on this app are accurate, errors may occur. The material displayed on this app are provided without any guarantees, conditions or warranties as to its accuracy. You agree to indemnify, defend and hold harmless RAW Fitness Equipment, 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 app, website or your breach of our Terms of Service.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
INDEMNITY
You agree to indemnify, defend and hold harmless Raw Fitness Equipment, 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 of Service.
VARIATION
Raw Fitness Equipment shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer service team know if you have any complaints or comments by emailing us at info@rawfitnessequipment.com.au.
WAIVER
If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by RAW Fitness Equipment
GOVERNING LAW AND JURISDICTION
These Terms of Service are to be construed in accordance with the laws of New South Wales, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of New South Wales, Australia.
SEVERABILITY
Any provision in these Terms of Service which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that provision in any other jurisdiction.
ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Raw Fitness Equipment.