FKN Gym Wear is a registered brand owned by London Holdings Pty Ltd.
While you should ensure you are comfortable with all our Terms, here are some quick links to key sections:
You may buy goods offered online by us by completing the order form available on our website. By placing an order, you confirm that all information you provide is accurate, complete and not misleading.
You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.
Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us, at our discretion.
We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated.
All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will commence once payment has been processed/validated. We accept payment by Visa, MasterCard and PayPal. Credit card details are processed using at least SSL 128 bit encryption and are not stored by us.
Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.
From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.
All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged. If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.
We offer free shipping ship within Australia only. We charge a fixed cost of $10 for international deliveries, regardless of the order size.
To find out the shipping charges that apply to you, simply add the items to your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before you make any payment. It is your obligation to enter the correct delivery address details at the time of ordering. We are able to deliver to a P.O. Box.
We use all reasonable efforts to dispatch orders within 3 business days of the purchase date. Most Australian orders should arrive within 5 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by emailing email@example.com or calling 07 5520 3485 (within Australia, add +61, from overseas). Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the courier and advise you of any issues that are discovered.
We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. You have the option to have your item delivered with or without a signature of receipt. If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage after delivery.
If you choose to sign for your item you will generally need to be available between 7.00am and 5:00pm to receive the delivery. You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.
Free Shipping (Australian Customers Only)
We offer free eparcel shipping on all Australian deliveries with Australia Post. Depending on your location, expect deliveries to take up to 5 business days.
Orders with a value over $50 automatically qualify for free Express shipping, where customers can expect their delivery within 3 days.
If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.
Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.
Goods ordered by you remain our property until you pay for them in full.
To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.
In addition to your statutory rights, if you change your mind we will happily exchange or refund your item/s providing the following conditions have been met:
- The items are returned within 30 days of the purchase date and the original sales receipt is present.
- Items must be in original condition as purchased, with all labels/tickets attached. Garment must not have been worn.
Returns/exchanges can be sent to:
FKN Gym Wear Pty Ltd
5/51 Township Drive
Burleigh Heads Qld 4220
If you return items to us that do not comply with the above requirements, we will return them to you at your cost.
You can exchange or return your online order to either the online store or a physical FKN Gym Wear Stockist with the original receipt you receive in your parcel subject to the terms of this section. Goods bought at a physical store must be returned to the physical store and cannot be returned to our online store. Orders from the FKN online Store cannot be exchanged or refunded in a physical store.
To obtain a refund via the FKN Gym Wear online store, please post the order back to us with the form. Promptly after we receive your return package your refund/exchange will be processed and new item sent back out to you (where available) or we will credit your credit card, excluding delivery charges (unless goods are faulty or not as ordered). You will be charged an additional fee for redelivery. Do not re-use our courier bag.
Limitation of liability
To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$5.00.
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.
If we issue you a voucher to redeem against the future purchase of goods, our Voucher Terms and Conditions
You can contact us using any of the following methods:
- By calling [+617 5520 3485] between 9am - 5pm Australian EST Monday to Friday, excluding public holidays;
- By emailing us at [firstname.lastname@example.org]; or
- By mail addressed to FKN Gym Wear 5/51 Township Drive Burleigh Heads Qld 4220 Australia or other address we notify from time to time.
Notices to you
We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.
You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods ordered via the website after the alteration takes effect.
These Terms are governed by the law of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and its appellate courts. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) does not apply.