Placing an item in the shopping basket does not constitute an agreement of sale between 010fitness and the user. We will not be held liable if such items are not available when the order is completed later.

Stock availability

Stocks of all goods on offer are limited. We will remove such an item from the sales order if no stock is available. 010Fitness.com shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should 010Fitness.com be unable to fulfil any order placed by you at the advertised price due to stock having sold out, 010Fitness.com will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail under the “Agreements of Sale” clause below and in the Return & Refund Policy.

Errors

Please note that although 010Fitness.com endeavours to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to 010Fitness.com for a full refund within 30 days of delivery. Refer to Return & Refund Policy.

Agreements of Sale

An agreement of sale between 010Fitness.com and a user only comes into effect if and when a payment of an electronic transfer or bank deposit is reflected on 010Fitness.com bank account and only if such payment is received within 48 hours of sending the sales order. 010Fitness.com reserves the right to refuse to accept and/or execute an order without reason. 010Fitness.com also reserves the right to cancel orders in full or in part as circumstances dictate. 010Fitness.com shall only be liable to refund monies already paid by the user as per the Return & Refund Policy agreement. We will take all reasonable efforts to maintain correct prices on the website and sales order. However, should errors occur and items are offered at incorrect prices, 010Fitness.com will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

Placing a product in a shopping basket or adding it to a wish list without completing the purchase cycle does not constitute an agreement of sale and/or an order for such product, and as such, 010Fitness.com may remove such product from the shopping basket or wish list if stock becomes unavailable and you cannot hold 010Fitness.com liable if such product is not available when the purchase cycle is completed at a later stage.

Prices quoted on the website includes VAT
010Fitness.com reserves the right to change the quoted price at any given time should that price be effected by matter beyond our control.
Prices are subject to Rand/ Dollar Exchange.
Delivery and installation prices excluded, as it depends on the size of structures ordered.
Delivery 6-8 weeks from date of order when it is required to import specifies equipment.
010Fitness.com or their suppliers cannot be held liable for delays in deliveries due to shipment delays, customs checks, and national/international holidays.
Goods remain the property of 010Fitness.com until paid in full.
Fuel-surcharge applies to all deliveries and collections.
Cancel Your Purchase Order

To cancel your orders please contact us immediately on info@010Fitness.com. You can choose to cancel the whole order or partial order.

A whole order can be cancelled as long as the order status is:

Awaiting payment
New
In progress
Individual products can be cancelled as long as the order status is:

Awaiting payment
New
In progress
Ready to ship
We are currently unable to cancel or reduce quantities of individual products.

Termination of Sales, Cancellation of Orders & Blacklisting:

By 010Fitness.com: 010Fitness.com reserves the right, for purposes of preventing suspected fraud and/or where it suspects that you have created multiple User profiles to take advantage of a promotion or Coupon intended by 010Fitness.com to be used once-off by you, to blacklist you on its database to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and 010Fitness.com, in whole or in part, on notice to you. 010Fitness.com shall only be liable to refund monies already paid by you (see 010Fitness.com Return & Refund Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order/sale.
By 010Fitness.com: 010Fitness.com reserves the right to cancel any sale/s in whole or in part, in the event of a permanent unavailability of stock of the product/s which you have ordered. In such event, 010Fitness.com will notify you of the fact that it has cancelled the sale because of stock unavailability, and issue you a full refund of the amount paid in respect of such product/s, as per the Return & Refund Policy.
By You: You are entitled to cancel any sale concluded on this Website within 30 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/time frame (or where none is specified, beyond 30 days from the order date). Please read the Return & Refund Policy for further details in this regard.
Amounts payable by You

Prices: The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
Delivery Charges: Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa. Please refer to 010Fitness.com Delivery Information.
Value Added Tax: Value added tax at the rate of 15% is included on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international. If this amount is added to your order in error, then this amount will be refunded to you.
Import Duties: Import duties may be payable by recipients of goods in foreign countries. 010Fitness.com does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.
Errors: 010Fitness.com shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, 010Fitness.com will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Payment Methods

Subject to any exceptions expressly mentioned below, your payment for any products ordered from 010Fitness.com must be made to us in any one of the following ways:

Credit card payments:

At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If the bank’s authorization is not obtained, the order will be cancelled. 010Fitness.com may carry out certain fraud checks with the cardholder or the cardholder’s bank, should 010Fitness.com be unable to verify the validity of the transaction the order will be cancelled.
Storing credit card details: 010Fitness.com uses a third party payment gateway service of MyGate.
Bank deposits & Electronic Funds Transfer:

If you select to pay via this method, instructions will be given on how to deposit monies into 010Fitness.com bank account and it would be subject to the following rules:

the exact amount must be paid;
the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
no transfers may be made from ATM’s;
cheque deposits are subject to a clearing period.;
no bank deposits are accepted from outside the borders of South Africa; and your order will be cancelled if the amount due is not paid within 5 business days.
Delivery

Delivery Charges:

Delivery charges are calculated automatically based on the delivery destination, total value, weight and dimensions of all products included in an order, when the order is created. Please read our Delivery Information page for further details.

Delivery Methods

Local delivery (within South Africa)
Local delivery may be made in the following ways:

Door-to-door: You can have your parcel delivered by courier between 8am and 5pm, Monday to Friday.
NOTE: If your parcel weighs 10kg or more, a surcharge applies

International delivery (outside of South Africa)
International courier services. The delivery charges for each item purchased for international delivery will be calculated separately and you will be notified accordingly after the purchase have been completed.
All international deliveries are subject to the import and custom laws of that country, and 010Fitness.com cannot be held responsible if a parcel or item is detained or confiscated due to these laws.
Delivery Periods

Delivery periods are only regarded as having commenced upon payment confirmation being received by 010Fitness.com. If paying with a specific credit card for the first time on the Website, or if 010Fitness.com regards the transaction to be large and/or unusual, 010Fitness.com may carry out certain fraud checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks.
Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods. So, for example, if you order something over the weekend, the delivery period will only start running on the next business day.
If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order. So, if you want to order various products where some have a shorter delivery period than others, 010Fitness.com recommends that you order such products separately from the products requiring longer delivery times.
010Fitness.com makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
Restrictions on Sales

The onus is on you to ensure that you and/or the person for whom you may be buying a product for on the Website, meet any age restrictions applicable to such product and that these restrictions are observed. For example, if you make a website purchase of toys for a child, the onus is on you to ensure that the toy is suitable for such child’s age. Accordingly you indemnify 010Fitness.com from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website purchase.

Defects, Returns, Refunds & Guarantees

Should you not be satisfied with any product purchased by you on the website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Return & Refund Policy regulates your rights in this regard, and how products are to be returned to us. The Return & Refund Policy is hereby incorporated by reference into these T&C’s. Please refer to the Return & Refund Policy.

Sales Records

A full record of every sale and related transaction between you and 010Fitness.com shall be maintained for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, where after, you shall be responsible for retaining your own record of the relevant sale or related transaction.

Disclaimer

Save for 010Fitness.com being liable to you –

under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by 010Fitness.com to you via the Website; and
under sections 43(5) and 43(6) of the ECT Act in relation to 010Fitness.com payment systems not being sufficiently secure,
Neither 010Fitness.com nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, 010Fitness.com makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to info@010Fitness.com

Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C’s that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of 010Fitness.com and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Governing Law and Jurisdiction

This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and 010Fitness.com submit to the non-exclusive jurisdiction of the South African courts.

Privacy

We respect your privacy and will not disclose your personal information to third parties for marketing purposes if you have requested us not to do so (which you are able to do at any time). The manner in which we use your information is regulated in more detail as described in our Online Privacy Policy. The Online Privacy Policy is hereby incorporated by reference into these T&C. So, if you are not satisfied with the level of privacy we provide or otherwise disagree with anything in the Online Privacy Policy, then you are deemed to not agree to these T&C and you should not use the Website, because as stated above, your continued use of the Website will constitute acceptance of the T&C, including the Privacy Policy.

Security

Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that 010Fitness.com suffers any damage or loss.

You allow 010Fitness.com to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

All online transactions are secured via the third party (MyGate) secure platform and 010Fitness.com hold no control or liability towards the information or access thereto and also to any damages that could occur as a result of actions by the third party.

Changes to Agreement

010Fitness.com may, in its sole discretion, change these T&C or any part thereof at any time and will endeavour to notify you via the website of any material changes. It is your responsibility to ensure that you regularly check these T&C and are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.

Disputes

Between you and 010Fitness.com: Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and 010Fitness.com on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of 010Fitness.com, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.

Address for Notices

010Fitness.com chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: info@010Fitness.com

Term and Termination

These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by 010Fitness.com from time to time (as described above), for so long as the Website exists and is operational, 010Fitness.com being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by 010Fitness.com).

Copyright & Other Intellectual Property Rights

Any and all copyright subsisting in the Website, including these T&C, vests in 010Fitness.com and all rights not expressly granted are reserved. 010Fitness.com cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform 010Fitness.com of any content that may be offensive or illegal.

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to 010Fitness.com and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

When you visit the Website or send e-mails to 010Fitness.com, you consent to receiving communications from 010Fitness.com electronically and agree that all agreements, notices, disclosures and other communications sent by 010Fitness.com satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

Hyperlinks, Framing, Spiders & Crawlers

Hyperlinks provided on this Website to non-010Fitness.com sites are provided as is and 010Fitness.com does not necessarily agree with, edit or sponsor the content on such web pages.

No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.

No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of 010Fitness.com. Such permission could be obtained from info@010Fitness.com

Information

The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.

010Fitness.com information is as follows:

Full name: 010Fitness.com

Main business: Online retailer

Website: http://www.010fitness.com

Official email address: info@010fitness.com