Conditions of use
By using our website, you agree to be bound by Gainsmen's Terms & Conditions, as stated below. If you do not agree with all of these terms, please exit this Site. Gainsmen has the right to from time to time, change these terms at its sole discretion. By using this site after any such change, you agree to comply with, and be bound by, the terms as changed.
Use of this website
You may only use this website for lawful purposes and will not use it in a way that violates the rights of any third party.
Unless you have prior consent you must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this website.
You recognise and agree that the content contained within this website is only intended for your own personal, non-commercial use and you may only download, print or use content for this purpose.
Acceptance
By using this website you are bound by these terms and conditions which form a legally binding contract between you and Gainsmen ABN 36 605 018 460.
Privacy Policy
Your privacy is very important to us and we will always act to protect your information. View the full details of our Privacy Policy. Please note that by agreeing to these terms and conditions you will be deemed also to have read, understood and agreed to our Privacy Policy in its whole.
Damage to computer or other device
We will take reasonable care in ensuring that our website is free from viruses or other dangerous content, however cannot guarantee that use of this website will not cause damage to your computer or other devices. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.
Errors and Inaccuracies
Gainsmen undertakes to provide up to date information in the sections of the Website relating to the description and/or sale of the Products. However, Gainsmen cannot guarantee the Website will be error free. The Website in question may contain typing errors, inaccuracies or omissions, for example relating to the price or availability of the Product or in the information provided on the Product. Gainsmen reserves the right to correct such errors, inaccuracies or omissions, even after an order proposal has been sent, and also reserves the right to change or update information at any time without prior notice.
Minors
The Site is not intended for individuals under the age of 14.
Online shopping
When placing information onto our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, what you see will vary depending on your monitor and computer equipment. We cannot guarantee that the product images are an exact representation of the actual products. If you're unhappy with your purchase, please review our Returns Policy.
Price
The prices of the products indicated on this website are in AUD. Delivery costs are added to the price of the products and are indicated on teh checkout page prior to payment.
Gainsmen regularly verifies that all the prices displayed on the website are correct, however, cannot guarantee the absence of errors. In the event that an error in the pricing of a product is detected, Gainsmen shall offer the customer the opportunity to purchase the product at the correct price or to cancel the order.
Pre-Order Terms
- Payment in full is required if you pre-order this product
- Pre-order products cannot be delivered prior to the release date.
- At the check-out, you will be offered the delivery options eligible for your selected pre-order item.
- You will be contacted by email when the pre-order product is on its way, so please ignore the auto emails issued when you checkout your pre-order indicating your item will be delivered in 3 to 7 days.
- Pre-orders cannot be cancelled until the product is delivered to you due to system limitations.
- Please do not include any other products in your basket with the pre-order as this will cause a delay in delivery.
- In the event that the price of a pre-order product is permanently reduced between the time that the order is placed and the time of the dispatch of the pre-order product, the amount of the price reduction will be refunded to you. This refund can take between 2-5 days to occur.
Product availability
We will use our best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. In some cases this is not possible and we may need to reject an order you have placed for a product where we establish that it is unavailable for delivery. In such cases, we will refund the full amount you have in respect of such unavailable product.
Delivery
A standard flat rate fee per delivery and re-delivery will apply. The delivery fee is is non-refundable unless the goods fail to comply with the consumer guarantee provisions of the Australian Consumer Law.
We will be using Australia Post, Startrack or Toll for all of our shipping needs. All orders will be shipped within one to two business days. Delivery lead time will vary depending on your location.
Please note that all parcels will require a signature upon delivery. If there's no authorised person at the delivery address to sign for the parcel, then the delivery driver will leave a card and the parcel will be returned to the nearest Australia Post office for you to collect. Please note that our carrier companies Delivery Policies or zone restrictions may apply to selected areas. Where street delivery is not always possible, you will receive notification or a calling card will be left.
We will make every attempt to deliver goods within the estimated timeframe however please beware that delays may occur due to unforeseen circumstances or factors that are beyond our control. Find out more about our delivery process.
Returns
Please refer to our Returns Policy.
Payment
All orders are calculated in Australian Dollars (AUD). You must pay for your products purchased on this website at the time of placing an order.
We accept Paypal all major credit cards including MasterCard, American Express, Diners Club, and Visa.
Where you have saved your card details with us: We will store your card details for use as a payment method for future purchases you make. We will notify you of any changes to how we store you card details.
We will always act to protect the details of your payment and purchase however in the absence of negligence, Gainsmen will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from our website.
Our servers will help secure your personal information with up-to-date firewalls and encryption techniques during the ordering and purchase process. A padlock or key will also be visible in the bottom of your web browser.
Damaged products
Please refer to our Returns Policy.
Cancelling an order
You can cancel your online order provided that it has not started to be processed. Please send an email to getgains@gainsmen.com.au for any cancellation enquiries.
We will attempt to cancel your order without delay however occasionally it may not be possible to stop an order from being dispatched if it has already been processed.
If your order has been dispatched please refer to our Returns Policy
Password and account security
It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer ensure that you logout of your account at the end of each session.
If you believe that there has been a security breach or misuse of your password or account, please let us know immediately.
Gainsmen will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.
Notices
Gainsmen may give notice to you by electronic mail, conventional mail to your address contained in your order, or notice posted on the Gainsmen website.
Termination
If you breach these terms and conditions, we reserve the right to immediately suspend, terminate or limit your access to this site. A notice as outlined above will be sent to you.
Disclaimer
Your use of this website is at your own discretion. Gainsmen (i) makes no warranties or representations about this website or any of the content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of this website or content and; (iii) does not guarantee that this website will not cause damage or is free from viruses or any other defects or errors.
We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website or the content contained within it. Where liability cannot be excluded, any liability incurred by Gainsmen in relation to the use of this website or the content, is limited as provided under the Australian Consumer Law.
We will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on an external site. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.
