Elanation – Terms and Conditions of Sale for Products

This document sets out the terms and conditions of sale for products available for purchase on the Elanation website and mobile applications (“Platform”) (“Product Sale Conditions“), “Elanation”, “we” or “us” means Elanation Pty Ltd (ABN 47 610 638 796) and “you” means the person, organisation or entity that purchased the Product from us. “Product” or “Products” means physical personal fitness and electronic body monitoring products, sold by us and purchased on the Platform. Please read through these Product Sale Conditions carefully as they form the agreement under which we will supply Products to you. If you are under 18 years of age, you acknowledge and agree that you may only access and use the Platform and the Services with the consent of, a parent or guardian. Both you and your parent or guardian must agree to be bound by these Product Sale Conditions, as may be modified from time to time, before accessing or using the Platform to purchase Products. If you do not agree to the terms of these Product Sale Conditions, you should not access and use the Platform to purchase Products.

1. Order and Agreement

When you have ordered a Product from us on Our Platform by completing the online checkout process and paying for the Product in full, a binding agreement will come into existence between you and us. These Product Sale Conditions will apply in relation to the supply of the Product. For further information regarding your access and use of the Platform you should refer to the Customer Terms of Use, which can be accessed on the Platform.

2. Price and Payment

  1. All prices for Products are advertised on the Platform at the time you place your order and are inclusive of GST. We reserve the right to change the Prices displayed on our Platform from time to time, including in relation to any errors in the price listed. Prices for our Products displayed on third party websites may not be correct and we are not bound by them.
  2. All payments must be made in Australian dollars. We accept payment by PayPal, American Express, VISA, and MasterCard credit cards and other online payment methods, which may be modified or advertised on our Platform from time to time.
  3. Payment must be made at the time of placing the order.
  4. Your tax invoice will be sent to you electronically to your supplied contact email address when you have completed and paid for your order. Your tax invoice is your proof of purchase and may be required for any warranty claims.
  5. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

3. Delivery

  1. We currently accept orders for delivery of Products to all locations in Australia.
  2. A delivery fee will apply to our Products and will be itemised in the checkout process.
  3. Once the order has been completed, the Products will be packed and shipped and this usually takes between 6-9 Business days to arrive.
  4. We may deliver the Products via a range of delivery methods. All deliveries must be signed for. If you are not at home when delivery takes place, a card will be left informing you of how to collect your delivery. In these circumstances, our obligation to deliver the Product to you is satisfied when the card is left at your delivery address.
  5. You may only cancel your order(s) for Products if the items have not been dispatched. Please contact us if you wish to cancel an order.

4. Title and Risk

Notwithstanding delivery of the Products to you, title in the Products will not pass to you until your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the Products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the Products. Risk of loss, damage or deterioration to any Products will pass to you on delivery.

5. Returns and Refunds

  1. Products are entitled to returns and refunds in accordance with the below:
    1. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. For example, 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 Products repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Please refer to our Customer Terms of Use for more information about your consumer rights.
    2. If you are unsatisfied with your purchase from Elanation and you have not opened your Product, you have 14 days from the date of purchase to request a full refund. If you have opened your product then unfortunately we cannot refund unless the product is faulty.
    3. To qualify for a refund, all the following conditions must be met:
      1. a Return Authorisation (“RA“) must be requested from our customer service team by supplying your proof of purchase eg receipt, order confirmation, credit card statement etc. within 14 days of your purchase date. To request an RA, email info@elanation.com;
      2. returned Product(s) must be unopened and in good physical condition (not physically broken or damaged);
      3. all accessories originally included with your purchase must be included with your return;
      4. the RA number must be included along with your returned Product;
      5. shipping and handling charges are not refundable;
      6. You are responsible for and must prepay all shipping charges to return the Product, and you shall assume all risk of loss or damage to the Product while in transit to Elanation;
  2. Refunds will be processed and paid within 2 weeks of Elanation’s receipt of the Product.
  3. If any of our Products are recalled, we will gladly accept all returns and we will process a refund to the original method of payment, as long as the Product is accompanied by your proof of purchase in the form of your emailed order confirmation, receipt or packing slip.

6. Warranties and Limitation of Liabilities

  1. Limited Manufacturer Product Warranty

Elanation warrants to the original purchaser of a Product that the Product shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (the “Warranty Period“) (“Limited Warranty“). To the extent permitted by law, Elanation does not warrant that the operation of the Product will be uninterrupted or error-free. Elanation is not responsible for damage arising from failure to follow instructions relating to the Product’s use.

  1. Product Use
    1. Always follow instructions included with the Product relating to the use of the Product. Note Especially: Do not use the Product in Salt water or for prolonged use in chlorinated water. Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. Generally these can be reduced by following these guidelines: (1) keep wearable clean; (2) keep wearable dry; (3) don’t wear it too tight, and (4) give your wrist a rest by taking the wearable off for an hour after extended wear. If you notice any skin irritation, remove your device. If symptoms persist longer than 2-3 days after removing the device, consult your doctor.
    2. Elanation Products may have a heart rate tracking feature that may pose risks to users with certain health conditions. Consult your doctor prior to use if you (1) have a medical or heart condition, (2) are taking any photosensitive medicine, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders. If you feel soreness, tingling, numbness, burning or stiffness in your hands or wrists while or after wearing the product, please discontinue use.
  2. Remedies

If a hardware defect arises and a valid claim is received by Elanation within the Warranty Period, Elanation will, to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law.

    1. How to Obtain Warranty Service

To obtain warranty service, all the following conditions must be met:

      1. A Warranty Authorisation (“WA“) must be requested from our customer service team within the warranty period. To request an WA, email info@elanation.com;
      2. Product must be returned to the address provided by Elanation in either its original packaging or packaging providing an equal degree of protection
      3. You may be required to furnish proof of purchase details and/or comply with registration requirements before receiving warranty service
      4. The WA number must be included along with your returned Product.
      5. It is your responsibility to sync any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Elanation will not be responsible for any such damage or loss.
    1. Exclusions and Limitations
      1. The Limited Warranty applies only to the Product manufactured by or for Elanation. The Limited Warranty does not apply to any (a) Elanation Products and services other than the Product, (b) non Elanation hardware Product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product.
      2. The Limited Warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Elanation or if the Product is inserted or installed in a casing not provided by Elanation. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non Elanation Products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Elanation or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Elanation. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
      3. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Elanation itself, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
      4. No Elanation employee is authorised to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
    2. Implied Warranties

To the extent permitted by applicable law, all implied warranties (including warranties of merchantability and fitness for a particular purpose) shall be limited in duration to the duration of the limited warranty.

7. Limitation of Damages

To the extent permitted by applicable law including the Australian Consumer Law, Elanation shall not be liable for any incidental, indirect, special, or consequential damages, including but not limited to loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition, or under any other legal theory, even if Elanation has been advised of the possibility of such damages.

8. General

  1. These Product Sale Conditions, together with the Customer Terms of Use and Privacy Policy form the entire agreement between you and us in relation to your use of and access to the Platform and, unless expressly agreed to in writing by us, no additional terms or conditions of yours will be binding on us or have any legal effect.
  2. We may change any provision in these Product Sale Conditions without notice so we advise that, even if you are a frequent purchaser from us, you check these Product Sale Conditions whenever you want to purchase Products from us. Any change of these Product Sale Conditions will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Product Sale Conditions.
  3. We will not be liable for any delay or failure to perform our obligations under these Product Sale Conditions if such delay is due to any circumstance beyond our reasonable control.
  4. We reserve the right to refuse supply of the Products ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our Platform at our sole discretion and without incurring any liability to you.
  5. You must not assign any rights and obligations under these Product Sale Conditions whether in whole or in part without our prior written consent.
  6. Any notice in connection with these Product Sale Conditions will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
  7. If any provision of these Product Sale Conditions is invalid, illegal or unenforceable, these Product Sale Conditions take effect (where possible) as if they did not include that provision.
  8. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  9. Please refer to our Privacy Policy which can be accessed on our Platform to see how we collect, use and protect your personal information.
  10. Any failure by a party to insist upon strict performance by the other of any provision in these Product Sale Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
  11. These Product Sale Conditions are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

These Product Sale Conditions were last updated on 04 October 2016