Shipping & Returns Policy
At CostFit we aim to deliver our quality products to you as quick as we are able to, we are constantly innovating and streamlining our operations with the aim of providing the best quality of service we possibly can.
For orders within NSW, we offer an estimated lead time of 2-5 business days and for Victoria, 5-10 business days.
While we work around the clock to try and fulfill orders to the best of our ability, we are only a small business with a few staff and must waive liability for order lead times that fall outside the estimates outlined above.
Estimates on the website are not final and we reserve the right to re-charge a higher cost for shipping should we need to. We will seldom do this in situations that are not outlined in our Remote Area Shipping guidelines.
Following are the clauses relevant to shipping and returns in our Terms and Conditions of trade:
10.1. We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times. Delivery options are set out here although such information is indicative only.
10.2. We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
10.3. We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery partners may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.
10.4. By default, you provide authority to leave items at the address specified in your Order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to our Fulfilment Centre. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fees and other costs reasonably incurred by us until the point of retrieval from CostFit premises (at our discretion and confirmed by us in writing); or
(b) no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).
10.5. Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
10.6. Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed due to the actions of the Customer, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
10.7. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
10.8. The Supplier's delivery records will be prima facie proof of delivery of the Goods to the Customer.
10.9. The Customer is responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the Goods to the Customer to the point of delivery.
10.10. The Supplier may make part delivery of Goods and the Supplier may invoice the Customer for the Goods provided.
10.11. The Customer indemnifies the Supplier against any loss or damage suffered by the Supplier, its subcontractors or employees as a result of delivery, except where the Customer is a consumer and the Supplier has not used due care and skill.
10.12. Delivery is deemed to have taken place once the Goods have been left at the Customer Premises or a confirmation has been entered into the Supplier’s system, or a delivery docket is signed by the Customer, whichever is the earlier. If delivery is attempted and is unable to be completed, the Customer is deemed to have taken delivery of the Goods. The Customer is liable for any re-delivery charges if the Goods are returned to the Supplier payable on demand.
10.13. If there has been a non-delivery in relation to the Goods ordered, the Customer must notify the Supplier within 7 days of such non-delivery.
10.14. If the delivery is delayed due to a Force Majeure or third party being unable to dispatch the Goods, the Customer acknowledges and agrees that the Supplier may either part deliver the Goods with the rest of the Goods or full delivery occurring within six (6) months from the date of the order of the Customer.
11. PASSING OF PROPERTY
11.1. Until the Supplier receives full payment in cleared funds for all Goods supplied by it to the Customer, as well as all other amounts owing to the Supplier by the Customer:
(a) title and property in all Goods remain vested in the Supplier and do not pass to the Customer;
(b) the Customer must hold the Goods as fiduciary bailee and agent for the Supplier, and must keep the Goods separate from its Goods and maintain the Supplier’s labelling and packaging;
(c) in addition to the rights under the PPSA, the Supplier may without notice, enter any premises where it suspects the Goods are and remove them, notwithstanding that they may have been attached to other Goods not the property of the Supplier, and for this purpose the Customer irrevocably licences the Supplier to enter such premises and also indemnifies the Supplier from and against all costs, claims, demands or actions by any party arising from such action.
12. PERSONAL PROPERTIES SECURITY ACT
12.1. Notwithstanding anything to the contrary contained in these Terms, the PPSA applies to these Terms.
12.2. For the purposes of the PPSA:
(a) terms used in clause 15 that are defined in the PPSA have the same meaning as in the PPSA;
(b) these Terms are a security agreement and the Supplier has a Purchase Money Security Interest in all present and future Goods supplied by the Supplier to the Customer and the proceeds of the Goods;
(c) the security interest is a continuing interest irrespective of whether there are monies or obligations owing by the Customer at any particular time; and
(d) the Customer must do whatever is necessary in order to give a valid security interest over the Goods which is able to be registered by the Supplier on the Personal Property Securities Register.
12.3. The security interest arising under this clause 15 attaches to the Goods when the Goods are collected or dispatched from the Supplier's premises and not at any later time.
12.4. Where permitted by the PPSA, the Customer waives any rights to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA.
12.5. To the extent permitted by the PPSA, the Customer agrees that:
(a) the provisions of Chapter 4 of the PPSA which are for the benefit of the Customer or which place obligations on the Supplier will apply only to the extent that they are mandatory or the Supplier agrees to their application in writing; and
(b) where the Supplier has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.
12.6. The Customer must immediately upon the Supplier's request:
(a) where the Supplier has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.
(b) do all things and execute all documents necessary to give effect to the security interest created under this Agreement; and
(c) procure from any person considered by the Supplier to be relevant to its security position such agreements and waivers (including as equivalent to those above) as the Supplier may at any time require.
12.7. The Supplier may allocate amounts received from the Customer in any manner the Supplier determines, including in any manner required to preserve any Purchase Money Security Interest it has in Goods supplied by the Supplier