Purchase Terms and Conditions
Thank You for choosing Semprose Pilates!
These Terms and Conditions govern your purchase.
By clicking “accept” at checkout, you agree to these Terms and Conditions.
1. Purchase Services
1.1. The Website, www.semprose.com.au is operated by Burgess Australasia Pty Ltd atf The Burgess Family Trust (abn: 23 409 436 174) t/a Semprose Pilates of 6 Benwerrin Crescent Grasmere NSW 2570 Australia (Semprose Pilates). Access to and use of the Website, or any of its associated products or services is provided by Semprose Pilates.
1.2. The Website provides you with an opportunity to browse and purchase pilates products and gift vouchers (Products) as well as book and purchase pilates classes (Services) that have been listed for sale through the Website. The Website provides this service by way of granting you access to the content on the Website (Purchase Services). You have agreed to purchase a Product or Service through the Website.
1.3. These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and Product information page (Information Page) of the Website.
2. Personal Information
2.1. When purchasing the Product or Service, you will be required to provide personal information such as your full name, password and e-mail address.
2.2. You agree that all details that you have provided in completing the purchase are true and correct.
3. Booking and Purchase of Services
3.1. Semprose Pilates requires all bookings and purchases for Services and services packages to be made via the booking systems, Bookings Essentials (Booking
System) or via telephone on 02 4624 8666. All bookings are required to be paid for in advance and if made via the Booking System, then at the time of booking.
3.3. In using the Purchase Services to book a Service through the Website, you will agree to the payment of the purchase price listed on the Website for the relevant Service (Purchase Price).
3.4. Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers).
3.5. When purchasing a Services Packages, payment of the Purchase Price must be made in full at the time of purchase. Services packages must be used in accordance with the expiry times applicable to each purchase, and these details are available at the point of purchase. Refunds are not provided for unused portions of Services Packages.
3.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Products Tax) Act 1999, inclusive amounts. Where services are provided outside Australia, GST is inapplicable.
3.8. Following payment of the Purchase Price being confirmed by Semprose Pilates, you will be issued with a receipt to confirm that the payment has been received and Semprose Pilates may record your purchase details for future.
3.9. In the event that any payment under this Agreement is not made in full on the due date, Semprose Pilates is entitled to charge you interest at the rate of 5% per annum, calculated daily.
3.10. You agree that if you default on any payments due and payable under this Agreement, any costs incurred by Semprose Pilates for steps taken to enforce payment terms will be recoverable and payable by you.
4. Cancellation of Services
4.1. You must notify Semprose Pilates of an intention to cancel your involvement in a Service as soon as practicable by e-mail to email@example.com and abide by the following (Cancellation Policy).
4.2. You are required to provide a minimum of 8 hours’ notice prior to the relevant class commencement should you wish to cancel your booking. Failure to provide sufficient notice will result in a non-attendance fee equal to the cost of attendance in addition to a $10 fee.
4.3. When purchasing a Services packages payment of the Purchase Price must be made in full at the time of purchase. Services packages must be used in accordance with the expiry times applicable to each purchase, and these details are available at the point of purchase. Refunds are not provided for unused portions of Services Packages.
5. Purchase of Products
5.1. In using the Purchase Services to purchase the Product through the Website, you agree to the payment of the Purchase Price listed on the Website for the Product.
5.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
5.4. Following payment of the Purchase Price being confirmed by Semprose Pilates, you will be issued with a receipt to confirm that the payment has been received, and Semprose Pilates may record your purchase details for future use.
5.5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is
unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
5.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
5.7. Gift Vouchers are not redeemable for cash. Gift Vouchers must be redeemed by contacting the studio via e-mail at firstname.lastname@example.org. Gift Vouchers cannot be returned, refunded or exchanged and must be redeemed within 90 days of purchase.
6. Refunds and Returns of Products
6.1. If you have received the incorrect Product, Semprose Pilates will provide a refund on the return of the Product. To request a refund and organize a return, please e-mail email@example.com. with your proof of purchase and photographs of the Product you have received within 5 business days of receiving the Product.
6.2. Semprose Pilates does not provide refunds for change of mind.
6.3. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers (Delivery Service Providers).
6.4. In the following situations, no refund or return will be available.
(a) Denied acceptance of delivery by receiver;
(b) Inaccurate delivery address;
(c) Absent receiver—If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Semprose Pilates for a return fee charged to the initial payment method.
6.5. Semprose Pilates wants you to be satisfied with your Product. If you have any issues with Semprose Pilates Products, please e-mail firstname.lastname@example.org.
7.1. Once payment for an order has been accepted, cancellation is at the discretion of Semprose Pilates. If you wish to cancel your order, please contact Semprose Pilates immediately on 02 4624 8666.
7.2. Cancellation of orders must be made within 1 hour of the time of order.
7.3. Where a Product has been listed at an incorrect price, or has incorrect written information or images, Semprose Pilates reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.
8.1. You acknowledge that the Purchase Services offered by Semprose Pilates integrate delivery (Delivery Services) through the use of third-party delivery companies, Delivery Service Providers.
8.2. In providing the Purchase Services, Semprose Pilates may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Semprose Pilates is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
8.3. In the event that an item is lost or damaged in the course of the Delivery Services, Semprose Pilates asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact Semprose Pilates by sending an email to email@example.com outlining in what way the Products were damaged in transit, so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8.4. Semprose Pilates does not provide change of mind refunds. Please keep this in mind when making a purchase.
9.1. Warranty for Services
(a) Semprose Pilates will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Semprose Pilates makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
(b) The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel this Agreement with Semprose Pilates, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
9.2. Warranty for Products
(a) Semprose Pilates Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. A major failure with a product under Australian Consumer Law includes, but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
(b) If you have received a Product that you believe is faulty or defective, please contact firstname.lastname@example.org with photographic proof.
10.1. Disclaimer for Services
(a) You understand that the Services require physical exertion. Semprose Pilates recommends that you consult your doctor and obtain any necessary approvals, including if you have chronic or recurring pain, are recovering from an injury, pregnant, postnatal, nursing or elderly, before undertaking any activities offered within the Services.
(b) You agree that when you purchase the Services, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Semprose Pilates’s relationship with you and interactions with you. As such, you agree that Semprose Pilates is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.
(c) You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. It is your exclusive responsibility to seek such independent professional guidance as needed.
(d) You agree to release and discharge Semprose Pilates from and against all claims arising out of or in connection with provision of the Services and any techniques employed. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received Services from Semprose Pilates.
10.2. Disclaimer for Products
(a) You agree that when you purchase a Product, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Semprose Pilates’s relationship with you and interactions with you. As such, you agree that Semprose Pilates is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Products it provides.
(b) You understand that the Products are not a substitute for medical attention, examination, diagnosis or treatment. It is your exclusive responsibility to seek such independent professional guidance as needed.
(c) You agree to release and discharge Semprose Pilates from and against all claims arising out of or in connection with provision of the Products. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Product from Semprose Pilates.
11. Information Disclaimer
11.1. Any information, advice, content or documentation provided on the Website, through the Products and Services, social media accounts, blog or on any other related platform do not constitute medical, professional, psychological or other advice, and are provided for general information and guidance purposes only.
11.2. All care is taken in the preparation of the information and published materials on the Website, through the Products and Services, social media accounts, blog, or on any other related platform. Semprose Pilates does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
11.3. To the extent permissible by law, Semprose Pilates will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Products, social media accounts, blog, or on any other related platform.
12.1. If circumstances beyond Semprose Pilates’s control prevent or hinder its provision of the Products or Services, Semprose Pilates is free from any obligation to provide the Products or Services or fulfil your order while those circumstances continue. Semprose Pilates may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
12.2. Circumstances beyond Semprose Pilates’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
13. Mailing List and SMS List Registration
13.1. You may be given the option to register for the Semprose Pilates Mailing List (Mailing List) and SMS List (SMS List).
13.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(c) Phone Number
13.3. If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Semprose Pilates.
14. Governing Law & Jurisdiction
This Agreement is governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Course, Semprose Pilates agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
16. Entire Agreement and Modifications
Both You and Semprose Pilates confirm and acknowledge that these Terms and Conditions, Information Page, Payment Page and Website Terms and Condition of the Website constitute the entire agreement between You and Semprose Pilates and shall supersede and override all previous communications, either oral or written, between the parties.