Terms & Conditions (Australia)

1. About these Terms

These Terms and Conditions ("Terms") govern access to and use of the Australian WATERROWER | NOHRD website and purchases made through it.

The website is operated by WaterRower Australia Pty Ltd (ABN 77 134 178 279) ("WaterRower", "we", "us" or "our"). Our business address is Shop 1/230 Victoria Road, Gladesville NSW 2111, Australia.

By using the website, creating an account or placing an order, you agree to these Terms. If you do not agree, you should not use the website.

Our Privacy & Security Policy, Cookie Policy, Shipping Policy, Returns Policy and applicable product warranties form part of these Terms. Additional terms may apply to promotions, finance, installation, applications, subscriptions or other services. If separate terms conflict with these Terms, the more specific terms will apply to the relevant product or service, except that nothing will reduce rights that cannot legally be excluded.

These Terms apply to consumers and business customers. The Australian Consumer Law may also protect some business purchases. Separate quotations or written agreements may apply to commercial, hospitality, dealer, distributor and other business purchases.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to place an order.

If you use the website or place an order on behalf of a business or another organisation, you confirm that you have authority to bind it.

3. Website accounts

You may be required to create an account to access certain features.

You are responsible for:

  • providing accurate and current information;

  • maintaining the confidentiality of your login details;

  • restricting access to your account and devices; and

  • activity carried out through your account, except activity caused by our failure to use reasonable security measures.

Please contact us promptly if you believe your account has been accessed without authorisation.

We may suspend or close an account where we reasonably believe it is being used fraudulently, unlawfully or in breach of these Terms. Where practicable, we will explain the reason.

4. Permitted use

You may use the website only for lawful personal or business purposes.

You must not:

  • use the website in breach of any applicable law or regulation;

  • attempt to gain unauthorised access to the website, accounts, servers or systems;

  • introduce viruses, malicious code or other harmful technology;

  • interfere with the operation or security of the website;

  • use automated systems to scrape, extract or reproduce website content without our written permission;

  • use our content, trademarks or products in a misleading, fraudulent or unauthorised manner;

  • impersonate another person or provide false information; or

  • use the website in a way that infringes another person's rights.

We may restrict or terminate access where these requirements are not followed.

5. Product information

We take reasonable care to ensure that product descriptions, specifications, dimensions, images, compatibility information, availability and prices are accurate. Errors may occasionally occur.

Product images are illustrative. Screen settings, lighting and photography may affect how colours and finishes appear. Natural materials such as wood may vary in colour, tone, grain and texture. These natural variations are part of the character of the material and are not normally defects.

We may make minor changes to a product's specifications, design or packaging where this is necessary to comply with law, improve safety or does not materially reduce the product's quality or function. We will contact you if a material change affects an order already placed.

You should check product measurements, access requirements and, for accessories or spare parts, compatibility before ordering. Please contact us before placing an order if you are unsure. This does not affect your rights if information we provide is inaccurate.

6. Prices, GST and payment

Prices shown on the Australian website are in Australian dollars and include GST and other unavoidable charges where applicable, unless clearly stated otherwise.

Delivery charges and other order-specific costs will be displayed before you submit your order. If a card surcharge applies, it will not exceed our permitted cost of acceptance and will be disclosed in accordance with applicable law.

We accept the payment methods shown at checkout. By submitting payment information, you confirm that you are authorised to use the selected method and authorise us and our payment providers to process the transaction.

Finance and instalment services are provided by third parties and are subject to their own eligibility requirements, credit decisions, privacy notices and terms. A finance provider's approval is separate from our acceptance of your product order.

Prices and promotions may change, but changes will not affect an order we have already accepted. If we identify an obvious pricing or product-information error before acceptance, we may decline the order and refund any payment taken. If an error is discovered after acceptance, we will contact you and will not cancel or change the contract without a lawful basis or your agreement.

7. Orders and contract formation

Submitting an order is an offer to purchase the products in your cart.

An order acknowledgement confirms that we have received your order but does not mean it has been accepted. A contract is formed when we send a dispatch confirmation or otherwise expressly confirm acceptance.

We may decline an order before acceptance where:

  • a product is unavailable;

  • payment cannot be authorised;

  • pricing or product information contains an obvious error;

  • we reasonably suspect fraud or unauthorised activity;

  • delivery restrictions prevent fulfilment; or

  • the order would breach these Terms or applicable law.

If we decline or cancel an order after taking payment, we will promptly refund the amount paid for the affected items.

8. Delivery

We deliver only to destinations offered through checkout. Available services, charges and estimated times are shown during checkout or in our Shipping Policy.

Delivery times are estimates unless we expressly agree to a particular date. We will deliver within the stated or otherwise reasonable period and will notify you of a material delay.

Orders may arrive in more than one consignment. Larger products may be delivered partially assembled in multiple boxes. Delivery is to the location and using the service stated at checkout; room placement and installation are included only where expressly purchased or agreed.

You are responsible for:

  • providing a complete and accurate delivery address;

  • checking that doorways, stairs, lifts and other access points are suitable for the packaged product;

  • telling us about relevant access restrictions before delivery; and

  • being available for an agreed delivery appointment.

We may charge reasonable additional costs caused by an incorrect address, undisclosed access restriction or missed appointment within your control, provided those costs are properly incurred and explained to you.

Risk of loss or damage remains with us until the goods are delivered to you or a person you nominate to receive them. Ownership passes when we have received payment in full and the goods have been delivered.

Please inspect deliveries and report visible damage or missing items as soon as reasonably possible, ideally within 48 hours, with photographs and order details. This helps us resolve carrier claims but does not reduce your rights under the Australian Consumer Law.

If delivery is materially delayed, please contact us. Any rights or remedies will depend on the circumstances, the agreed delivery terms and the Australian Consumer Law.

9. Order cancellation before delivery

If you wish to cancel an order, contact us as soon as possible. We will try to stop processing or dispatch but cannot guarantee this once fulfilment has begun.

If cancellation is possible before dispatch, we will refund the amount paid for the cancelled items. If the goods have already been dispatched, the voluntary change-of-mind return process in section 10 may apply.

Any statutory cooling-off right applying to an unsolicited consumer agreement or other particular transaction is unaffected. Australian law does not otherwise provide a general cooling-off period merely because an ordinary retail purchase was made online.

10. Voluntary 30-day change-of-mind returns

We offer a voluntary change-of-mind return period of 30 days after delivery, subject to these Terms and our Returns Policy.

To request a return, contact us within 30 days of delivery, provide proof of purchase and obtain return instructions before sending the goods.

For a change-of-mind return, goods must normally be unused, complete, in resalable condition and returned with their original packaging. We may refuse or reduce a voluntary refund where goods are incomplete, damaged, assembled or used beyond reasonable inspection, or are not safely packaged.

Unless our Returns Policy states otherwise:

  • you are responsible for the direct cost and risk of returning change-of-mind goods;

  • any original delivery charge is not refundable; and

  • no restocking or handling fee will be deducted unless it was clearly disclosed before purchase and is permitted by law.

Please contact us before returning large equipment so that we can provide instructions or arrange collection. Any agreed collection cost may be deducted from the voluntary refund.

Refunds will be issued after the returned goods have been received and inspected, normally to the original payment method.

The voluntary change-of-mind policy does not replace or reduce any right or remedy under the Australian Consumer Law. The conditions in this section do not apply where goods fail to meet a consumer guarantee.

11. Australian Consumer Law rights

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.

Consumer guarantees may require goods to:

  • be of acceptable quality;

  • be fit for a purpose made known to us;

  • match their description, sample or demonstration model;

  • have clear title and no undisclosed securities; and

  • have reasonably available repairs and spare parts where the law requires.

Services supplied to consumers must be provided with due care and skill, be fit for a disclosed purpose and be supplied within a reasonable time where no time is agreed.

If goods or services fail to meet a consumer guarantee, the remedy depends on whether the failure is major and on the other circumstances:

  • for a major failure with goods, you may reject the goods and choose a refund or replacement, or keep them and claim compensation for the reduction in value;

  • for a non-major failure, we are entitled to provide an appropriate remedy, such as a repair, within a reasonable time; and

  • if a non-major failure is not remedied within a reasonable time, you may have further rights, including arranging a repair and recovering reasonable costs or rejecting the goods where the law permits.

You may also be entitled to compensation for reasonably foreseeable loss or damage caused by a failure.

Contact us with your order details, a description of the issue and, where helpful, photographs or video. For large or heavy goods, contact us before arranging return so that we can assess the issue and, where required, arrange collection. Where an Australian Consumer Law remedy applies, we will arrange or reimburse reasonable return or collection costs as required by law.

We may assess returned goods. If examination shows that there is no breach of a consumer guarantee and the problem was caused by misuse, abnormal use, unauthorised modification or damage after delivery, we may decline a remedy and may recover reasonable assessment or transport costs where permitted and disclosed.

12. Product warranties

WaterRower and NOHRD products may include a written manufacturer's or commercial warranty. The applicable period, registration requirements, exclusions and claim process are described in the relevant Warranty Policy and product documentation.

Any written warranty is in addition to, and does not replace or restrict, consumer guarantees under the Australian Consumer Law. Consumer guarantee rights may continue beyond the stated warranty period depending on the nature, price and expected durability of the product.

Warranty registration may extend a voluntary warranty where stated. Failure to register does not affect Australian Consumer Law rights.

13. Product use and safety

Fitness equipment must be assembled, installed, maintained and used in accordance with the supplied instructions, safety warnings and intended use.

Before use, ensure that:

  • the product has been assembled correctly;

  • all fasteners and components are secure;

  • it is positioned on a stable and suitable surface;

  • the surrounding area provides adequate clearance; and

  • children and pets are appropriately supervised.

Information on the website is general and is not medical advice. Consider consulting an appropriate healthcare professional before beginning a new exercise program, particularly if you have an existing health condition, are pregnant or have concerns about exercising safely.

Stop exercising and seek appropriate medical assistance if you experience pain, dizziness, breathing difficulties or other concerning symptoms.

Nothing in this section excludes responsibility arising from a defective product or our conduct where it cannot legally be excluded.

14. Intellectual property

The website and its content, including text, images, videos, product designs, graphics, software, trademarks, logos and trade dress, are owned by or licensed to WaterRower and protected by intellectual property laws.

WATERROWER, NOHRD and associated names, logos and product marks are trademarks of their respective owners.

You may view and use website content for personal, non-commercial purposes. You may not reproduce, modify, distribute, publish, sell, license or commercially exploit it without prior written permission, except where law permits.

15. Reviews and submissions

If you submit a review, photograph, comment, suggestion or other content, you confirm that:

  • you own it or have permission to submit it;

  • it is accurate and reflects your genuine experience;

  • it does not infringe another person's rights; and

  • it is not unlawful, abusive, misleading or defamatory.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish and display submitted content in connection with our business and marketing. This licence continues for as long as the relevant intellectual property rights exist, but you may contact us about future use of content that identifies you.

We may moderate or remove content that breaches these Terms or applicable law. We will not suppress a genuine review merely because it is negative.

16. Privacy and cookies

Our collection and use of personal information is governed by our Privacy & Security Policy. Our use of cookies and similar technologies is described in that policy, our Cookie Policy and the choices presented through Cookie Preferences.

17. Third-party services and links

The website may link to or integrate with third-party services, including payment providers, finance providers, fitness applications and social media platforms.

Third-party services are governed by their own terms and privacy policies. We are not responsible for services we do not control. A link does not necessarily constitute an endorsement.

18. Website availability

We take reasonable steps to keep the website accurate, secure and available, but do not guarantee uninterrupted or error-free access. We may suspend access for maintenance, security or operational reasons.

Website content is general information and should not be relied upon as professional, medical or technical advice specific to your circumstances.

Nothing in this section limits responsibilities concerning products, services or website representations that cannot legally be excluded.

19. Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.

Subject to those mandatory rights, we are not responsible for loss or damage to the extent it:

  • was not reasonably foreseeable;

  • was caused by inaccurate information or instructions supplied by you;

  • resulted from misuse, unauthorised modification or failure to follow product instructions; or

  • was caused by an event outside our reasonable control.

If you purchase principally for business use and the law permits liability to be limited, separate commercial terms may apply. Nothing in these Terms limits liability in a way prohibited by the Australian Consumer Law or applicable unfair-contract-terms legislation.

20. Events outside our control

We are not responsible for delay or failure caused by events beyond our reasonable control, such as severe weather, bushfire, flood, epidemic, war, terrorism, civil disturbance, government action, labour disputes, transport disruption, supply-chain interruption or utility and communications failures.

We will take reasonable steps to minimise the effect and resume performance. This section does not exclude rights or remedies available under the Australian Consumer Law.

21. Governing law and disputes

These Terms and contracts with WaterRower Australia Pty Ltd are governed by the laws of New South Wales and the Commonwealth of Australia.

The courts of New South Wales have non-exclusive jurisdiction. Nothing in this section prevents you from relying on mandatory rights or bringing a claim in another court or tribunal where applicable law permits.

Please contact us first so that we can try to resolve a dispute. You may also contact the consumer protection agency in your state or territory or the Australian Competition and Consumer Commission for information about consumer rights.

22. Changes to these Terms

We may update these Terms from time to time. The revised version will be published with an updated date.

Changes apply prospectively and will not materially alter an order already accepted unless required by law or agreed with you.

23. General provisions

If any provision is invalid or unenforceable, the remaining provisions will continue in effect.

If we do not enforce a provision immediately, this does not waive our right to enforce it later.

You may not transfer your rights or obligations without our written consent. We may transfer ours as part of a merger, reorganisation, sale of business or transfer to an affiliated company, provided this does not reduce your rights.

These Terms and the policies and agreements referenced in them constitute the agreement concerning website use and online purchases, but do not exclude representations or rights that cannot legally be excluded.

24. Contact us

WaterRower Australia Pty Ltd
ABN 77 134 178 279
Shop 1/230 Victoria Road
Gladesville NSW 2111
Australia

Email: info@waterrower.com.au
Telephone: 02 9898 1405