Terms of Sale

IMPORTANT NOTICE:

Australian Consumer Law

Under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“ACL”), consumers purchasing certain goods are entitled to mandatory, non-excludable consumer guarantees. These guarantees cannot be limited, excluded, or modified by contract. If
goods fail to meet a consumer guarantee, you are entitled to a remedy (including repair, replacement, or refund) depending on the nature and severity of the failure.

Nothing in these Terms of Sale is intended to exclude, restrict or modify any rights or remedies that you may have under the ACL or any other applicable law which cannot be excluded, restricted or modified by agreement. If any term of these Terms of Sale is inconsistent with a provision of the ACL, the ACL prevails to the extent of the inconsistency.

Returns are subject to a 20% processing/restocking fee applied to the original purchase price. The fee will be deducted from your refund payment. This restocking fee does not apply to returns made
pursuant to your rights under the ACL.

Terms of Sale

This document contains important information about your rights and obligations as an Australian customer, as well as conditions, limitations, and exclusions that might apply to you. If you are purchasing outside of Australia, please refer to the correct policy. Please read it carefully.

These terms and conditions (these “Terms of Sale”) apply to the purchase and sale of products and services through https://powerblock.com (the “Site”) to customers located in Australia. These Terms may be updated by PowerBlock, Inc. (“PowerBlock”, “we”, “us” or “our”) from time to time.
The latest version of these Terms of Sale will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. We will take reasonable steps to notify you of any material changes to these Terms (for example, by email or by
a prominent notice on the Site). Any changes will apply only to orders placed after the updated Terms have been posted. When you buy from us it means that you accept and agree to these Terms as in effect at the time you place your order.

These Terms of Sale are an integral part of the Website Terms of Use that apply to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

Order Acceptance, Returns, Refunds, and Cancellation

You agree that your order is an offer to buy, under these Terms of Sale, all the services listed in your order. All orders must be accepted by us or we will not be obligated to sell services to you. We may choose not to accept any orders in our discretion, for example, because a product is
unexpectedly out of stock, because you are located outside our delivery areas, as stated on our website, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid. After having received your order, we will
send you a confirmation email with details of the items you have ordered. Acceptance of your order and the associated formation of the contract of sale between you and PowerBlock can not take place unless you click the “Pay Now” button.

We also have the right to cancel in the event of suspected fraud occurring.

We created PowerBlock to help you craft your own story, one rep, set, and workout at a time, and we want you to love using our products. If, for any reason, you don’t love using our products, let us know.

Under the ACL, goods supplied to consumers come with automatic consumer guarantees that cannot be excluded by contract. These include guarantees that goods will be of acceptable quality, reasonably fit for any disclosed purpose, match their description, match any sample or
demonstration model, and that the supplier has the right to sell the goods. If goods fail to meet a consumer guarantee, you may be entitled to obtain a refund, replacement or repair. These rights are in addition to PowerBlock’s returns policy, set out below.

Merchandise Returns

In addition to your rights under the ACL, PowerBlock offers a voluntary change-of-mind returns policy If you change your mind about a purchase, you may return the goods within 30 days of delivery, provided the goods are in their original, unopened condition with all packaging and
materials included.

This voluntary policy does not apply to:

products sealed for health protection or hygiene purposes, once unsealed after delivery;
goods made to your specification or clearly personalised; or
goods which become mixed inseparably with other items after delivery.

IMPORTANT: change-of-mind returns (where the goods are not faulty and do not fail to meet an ACL consumer guarantee) are subject to a 20% processing/restocking fee. The 20% fee is applied to the original purchase price. The fee will be deducted your refund payment. This fee does not
apply where you are exercising your rights under the ACL in respect of goods that fail to meet a consumer guarantee.

Please either contact PowerBlock at +1 (800) 997-3999 (Office Hours: 14:30-23:00 GMT (Mon-Fri))or [email protected] with the subject reading “RMA Request”, or fill out this form to let us know if you wish to return a product under our returns policy within 30 days of delivery.

You must receive an RMA (return merchandise authorisation) from PowerBlock before shipping the merchandise back to PowerBlock. The RMA will be e-mailed to your e-mail linked to the order.

Products returned without an RMA number will not be processed for refund or credit. PowerBlock will use reasonable efforts to contact you to resolve the return. If we are unable to identify the sender or allocate the return to a customer after reasonable efforts, PowerBlock may discard the
product after 30 days. This clause does not limit or exclude your rights under the ACL.

After the RMA has been assigned, the merchandise must be shipped within 14 business days fromdate the RMA is delivered to the customer.

Products must be returned undamaged in suitable packaging (preferably original cartons). If after inspection, we reasonably determine that merchandise has been damaged (other than as a result of a defect or failure to meet a consumer guarantee under the ACL), PowerBlock reserves the right to reduce the refund amount to reflect the diminution in value. We will notify you of our assessment and provide you with an opportunity to respond before any reduction is applied.

Must be in original condition with all materials included.

Customer is responsible for all return shipment costs to PowerBlock, Inc for change-of-mind returns. For a return where goods fail to meet a consumer guarantee under the ACL, PowerBlock will bear the cost of return shipping.

Unauthorised Returns

An unauthorised return is defined as any merchandise returned to our facilities without a valid and current RMA number issued by PowerBlock which cannot be allocated to a customer. Failure to properly mark packages with a valid RMA number, or allowing an RMA number to expire, may cause PowerBlock to consider a return unauthorised. PowerBlock will use reasonable efforts to identify and contact the sender of any unauthorised return. If after 30 days we are unable to allocate the return to a customer, the product may be discarded. The customer assumes all
shipping and handling charges for any unauthorised return. We therefore recommend that you send your return via recorded delivery and/or obtain a proof of postage. Nothing in this clause limits your rights under the ACL.

Order Cancellation/Fees

IMPORTANT: Order cancellations for change-of-mind reasons are subject to a 20% processing/restocking fee. The 20% fee is applied to the original purchase price and will be deducted from your refund payment. This cancellation fee does not apply to cancellations or refunds made pursuant to your rights under the ACL.

Your order is processed as soon as you click the “Pay Now” button. Orders will ship within 2-4 business days. To cancel your order, call us directly at +1 (800) 997-3999 or email [email protected] with the subject reading “Cancel Request”.

Prices and Payment Terms

All prices posted on this Site are subject to change without notice. The price charged for our products will be the price in effect at the time the order is placed and will be set out in your confirmation email. Price increases will only apply to orders placed after such changes. prices for
Australian customers are displayed In Australian dollars (AUD) and are inclusive of Goods and Services Tax (GST) where applicable. The amount of GST included in the price of our products will be itemised in your shopping cart, at checkout and in your confirmation email. A PDF download is
available.

Terms of payment are within our discretion, and payment must be received by us before our acceptance of an order. We accept VISA, MasterCard, Discover, American Express, and PayPal for all purchases. You represent that (i) the credit card information you supply to us is true, correct,
and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Warranty Policy and Consumer Guarantees

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

In addition to these statutory rights, PowerBlock, Inc provides limited warranty coverage for new product and certified manufacturer refurbished product sold through PowerBlock and PowerBlock Authorised Dealers.

PowerBlock warranty coverage is non-transferable and applies ONLY to the original purchaser who purchased from PowerBlock or a PowerBlock Authorised Dealer. Any purchase from a 3rd Party Seller (seller on Gumtree, eBay, etc.) or Non-Authorised Dealer/Seller is not covered by this limited
warranty. Please contact PowerBlock Customer Service if you have questions regarding an Authorised Dealer. Please see the full warranty policy for all warranty details. This limited warranty is in addition to, and does not affect, your rights under the Australian Consumer Law.

PowerBlock products comply with applicable Australian product safety standards and requirements. If a safety defect is identified in any product, PowerBlock will comply with its mandatory reporting and recall obligations under Part 3-3 of the Competition and Consumer Act 2010 (Cth). If you become aware of any safety issue with a PowerBlock product, please contact us immediately at [email protected].

Shipping of Merchandise

PowerBlock generally will ship out an order processed through the site within 2-4 business days. We will communicate any back-orders or exceptions to this general time frame to you by e-mail or
telephone. We ship our products to Australia through various international delivery services and common carrier freight lines depending on size of order and location. Please note that as goods are shipped internationally, delivery times may be longer than for domestic orders and customs
clearance may be required.

Upon receipt of your order, please inspect the packaging and products carefully. Any considerable damage to the box or products should be noted. If you find any damage to the products or any ordered products are missing, please contact us immediately at +1 (800) 997-3999 (Office Hours:
14:30-23:00 GMT (Mon-Fri)) or email [email protected]. We will help resolve the situation.

If our supply of your product(s) is delayed by an event outside our control we contact you as soon as possible to let you know and do what we can to reduce the delay. Subject to your rights under the ACL, we will not be liable to compensate you for such a delay, but if the delay is likely to be substantial you can contact us to receive a refund for any products you have paid for, but not received.

Limitation of liability

To the fullest extent permitted by law, and subject to the paragraph below, PowerBlock’s total liability to you for all claims arising out of or in connection with these Terms of Sale or any product purchased through the Site is limited to the price paid by you for the relevant product.

Nothing in these Terms of Sale excludes, restricts, or modifies any guarantee, right, or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted, or modified. If the ACL or any other legislation implies a condition, warranty, or guarantee into these Terms of Sale that cannot be excluded, our liability for breach of such condition, warranty, or guarantee is limited (at our option and to the extent permitted by law) to: (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired. Our goods are of a kind ordinarily acquired for personal, domestic household use, and accordingly a failure to comply with a consumer guarantee cannot be limited under section 64AACL

To the fullest extent permitted by law, PowerBlock excludes all liability for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, arising out of or in connection with these Terms of Sale or any product purchased
through the Site, whether based in contract, tort (including negligence), statute, or otherwise. This exclusion does not apply to the extent that such liability arises from a failure to comply with a consumer guarantee under the ACL where the failure constitutes a major failure.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all the personal information we collect from you in connection with your purchase of products or services through the Site.

We collect, use, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). By placing an order through this Site, you consent to the collection and use of your personal information as described in our Privacy Policy. Your personal information may be disclosed to overseas recipients (including to our servers and service providers located in the United States) for the purposes of fulfilling your order and providing customer service. We will take reasonable steps to ensure that overseas recipients handle your
personal information in a manner consistent with the APPs. For further information about how we handle your personal information, how to access or correct your personal information, or how to make a privacy complaint, please refer to our Privacy Policy or contact us at [email protected]., or that an exception under APP 8.2 applies. Before disclosing your personal information overseas, we acknowledge that we will collect and handle for the purposes of
processing your order and providing customer service

Dispute Resolution

In the unlikely event that a dispute arises between you and us, it’s in both of our interests to resolve disputes in the quickest and most cost-effective way.

Any controversy or claim arising out of or in any way related to your use of the Site, the Terms of Use (or any breach thereof), the Terms of Sale (or any breach thereof), your purchase of products through the Site, or any products sold by PowerBlock shall be governed by the laws of NSW,
Australia. The parties submit to the non-exclusive jurisdiction of the courts of NSW, Australia and the Federal Court of Australia and any courts that may hear appeals from those courts about any proceedings in connection with these Terms of Sale.

Each party consents to the use of electronic communications and transactions in connection with these Terms of Sale, in accordance with the Electronic Transactions Act 1999 (Cth) and equivalent State and Territory legislation. An electronic communication or document under these Terms of Sale has the same legal effect as a paper-based communication or document.

Waiver and Severability

Nothing we do can be deemed a waiver by PowerBlock of the terms and conditions of these Terms of Sale. In addition, no failure by us to enforce any right or provision of these Terms of Sale does not constitute a waiver of future enforcement of that right or provision.

If a court finds any provision of these Terms of Sale to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed to be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.

No Third Party Beneficiaries

These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you, except to the extent that any applicable law (such as the ACL) provides otherwise.

Contact Information

We are PowerBlock, Inc. Our registered address is at:

14255 Southcross Drive W
Burnsville, MN 55306, USA

Australian Business Number (ABN) is 23 569 764 540. PowerBlock is registered for GST purposes in Australia under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

To ask questions or comment about these Terms of Sale, contact us
at: [email protected]

You can also contact us by telephone +1 800 997 3999
(Office Hours (GMT): 14:30-23:00 (Mon-Fri) or by completing this online form.