Terms & Conditions
Fjord Wellness Pty Ltd
1. About This Website
This website, www.fjordicebaths.com.au (Website), and any sub-domains linked or otherwise connected to this website (Subdomains), are owned and published by Fjord Wellness Pty Ltd ACN 662 905 982 (Fjord Wellness), also known as ‘Fjord’ and ‘‘Fjord Ice Baths’ (we/us).
Your use of this Website and the purchase of any products from Fjord Wellness (Product) will be subject to these terms and conditions (Terms of Use). By using this Website or purchasing a Product from Fjord Wellness, you acknowledge and agree to these Terms of Use. If you do not consent to these Terms of Use, you must refrain from making a purchase from Fjord Wellness.
Fjord Wellness is not liable to you or any other person for any loss in connection with the use of this Website or any Subdomain. The general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers. Please read the full Terms of Use prior to purchasing any Product from Fjord Wellness.
2. Use of This Website
By accessing or using this Website, you accept these Terms of Use and agree to be bound by them. In accepting these Terms of Use, an agreement is formed between you and Fjord Wellness.
You will not:
- violate or attempt to violate the security of this Website; or
- hack into this Website, Fjord Wellness’s computer systems or the computer systems of other users on this Website.
Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
You acknowledge and agree that Fjord Wellness may use your personal information in accordance with Fjord Wellness’ Privacy Policy (Privacy Policy). Our Privacy Policy can be found here: www.fjordicebaths.com/privacy.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
Fjord Wellness may, in its sole discretion, and without prior notice:
- suspend (whether temporarily or permanently) your access to this Website, or the access of guests or members generally;
- restrict your access to this Website, in which case, you may be prevented from accessing all or parts of this Website, including without limitation your account details or other content contained in your account. Fjord Wellness will not be liable to you or any third party for doing so;
- impose limits or restrictions on the use you may make of this Website; and/or
- withdraw, remove or otherwise change your access to specific functionalities on this Website.
As electronic websites are subject to interruption or breakdown, access to this Website is offered on an "as is" and "as available" basis only.
3. Price and Purchase Terms
Fjord Wellness reserves the right to modify, suspend, discontinue or otherwise remove a Product on this Website at any time, without prior notice.
Product specifications may change from time to time due to ongoing research and development. It is therefore the customer’s responsibility to stay informed about the changes and specifications to our Products before making a purchase.
All Product prices are subject to change and may vary depending on:
- the location of the order made; and
- the payment method chosen.
Fjord Wellness will not be liable to any third party for any suspension, discontinuance, removal, price change or other modification to any Product.
Whilst we endeavour to keep all prices on this Website current, Fjord Wellness does not guarantee the accurateness of pricing information displayed on this Website. Customers will be advised if and when any changes to the price of our Products occur prior to a purchase order being processed.
All prices shown on this Website are in Australian dollars (AUD). International visitors to this Website should rely on information contained on this Website only.
You may not use our products for any illegal or unauthorised purposes, nor may your use of our Website or Products violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Products, or any other information made available on this Website, without the express written permission of Fjord Wellness.
You agree to provide current, complete and accurate purchase and account information for all purchases of Products made via this Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as required. Any personal information submitted to us via this Website will be governed by our Privacy Policy.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
4. Orders
You are responsible for accurately choosing the right Product and any desired accessories (if any), and to include any and all relevant purchase details, prior to submitting a purchase order through this Website. Fjord Wellness will not be liable for any inaccuracies or delays in orders made on the basis of incorrect information submitted to us by customers.
A contract for the sale and supply of Products will be entered between you and Fjord Wellness upon you making an offer via this Website to purchase a Product at the price advertised on this Website by:
- you (as the customer) placing an electronic order for the Products through this Website;
- you confirming the order details in accordance with the purchase procedure on this Website;
- you making a payment in full on this Website; and
- Fjord Wellness accepting and processing your order once the order has been confirmed.
The order will be confirmed only when:
- any and all requirements set out in these Terms of Use have been met;
- the electronic instruction containing the offer from you enters and is recorded in our electronic database;
- a purchase record is created and stored in our database; and
- Fjord Wellness receives in its nominated account payment from you for the Product (including any applicable delivery and handling charges) and confirmation that the payment has been received.
5. Shipping Costs
National and international shipping costs will be calculated based on the delivery address provided by the customer upon making a purchase order. If no estimation is provided at the time of checkout, a Fjord Wellness consultant will contact the customer to confirm final shipping costs.
Due to our reliance on third-party carriers for providing us with estimated delivery time and date, we cannot assure the accuracy of such information. Therefore, we cannot accept any responsibility or liability for any loss, delay, inconvenience or other damages arising from any inaccurate estimated delivery times and dates provided by us.
For orders placed in Australia or goods shipped to an Australian address, the Australian GST applies. Customers are responsible for paying any customs duties and taxes that may be imposed by the customs authorities of the destination country.
6. Payment Options
Payment must be made at the time of submitting a purchase order by credit card or direct deposit. We accept Visa and Mastercard. Payment by Credit card will incur an additional 3% fee of the total amount of your order.
If paying by credit card, you warrant that you are an authorised user of the credit card used to complete payment.
Fjord Wellness uses Stripe for its online credit card transactions. Stripe processes online credit card transactions for thousands of merchants, providing a safe and secure means of collecting payments via the internet. All online credit card transactions performed on this site using Stripe are secure, fully automated transactions. Your complete credit card number cannot be viewed by Fjord Wellness or any outside party. All transaction data is encrypted for storage within Stripe’s data centre, further protecting your personal data.
For more information about Stripe, please visit https://stripe.com/.
7. Payment Terms
The transmission of your offer or the confirmation of any payments made through an electronic instruction may not be received by us for reasons beyond either party’s reasonable control, including but not limited to electronic, mechanical, software, computer or telecommunications failure, and/or the omission or failure of a third-party website provider or system.
To the extent permitted by law, Fjord Wellness will not be liable to you in any way for any loss or damage incurred, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through this Website, or any failure to receive an electronic instruction, for whatever reason.
We may act on and process all completed electronic instructions transmitted or issued through this Website without further consent from or reference to you. Fjord Wellness reserves the right to treat an electronic instruction as authentic, and we will be under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions.
To the extent permitted by law, Fjord Wellness will not be responsible for any damages or consequential losses suffered by a user (however caused) where a credit card or other method of payment was used in a fraudulent or unauthorised manner.
Where a particular Product is under production, Fjord Wellness may, under certain circumstances and in any case, in its sole discretion, accept an initial deposit from a customer in connection with a purchase order to allow such customer to reserve purchase of that Product as soon as production of that Product is complete. Such deposits will serve as a guarantee of the customer's commitment to enter into a contract for the sale and supply of the Product. Accordingly, in the event the purchase order is cancelled by the customer (for any reason), any deposits made will be entirely non-refundable, regardless of the reason for the cancellation.
Before dispatching an order, full payment must be made to Fjord Wellness by the customer. Fjord Wellness will retain ownership of any Products ordered until the Products are fully paid for by the customer. Fjord Wellness will not be obligated to nor be liable for processing a purchase order until such time as full payment has been made in accordance with these Terms of Use.
8. Order Confirmations
All purchase orders are subject to confirmation and acceptance by Fjord Wellness. We will email you confirmation upon receipt of your purchase order, and our subsequent acceptance of your order will be emailed to you upon receipt of payment in our database. If you have any questions regarding your order, you may contact our customer service team on info@fjordicebaths.com.
We reserve the right to refuse any order you place with us. We may, in our sole discretion:
- accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the Products on this Website, or an error made in the entering or processing of your order; and/or
- limit or cancel one or more Products purchased per person, household and/or order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.
In the event we make a change to or cancel an order made by you, we will attempt to notify you by contacting you via your contact details provided by you at the time the order was made.
Fjord Wellness may vary prices of Products even after a purchase order has been made on reasonable prior notice to you, such as where a price increase was not reflected in the purchase price due to an inadvertent error. In such events, Fjord Wellness reserves the right to request additional payment to reflect the increased price of the Product before processing the order and providing the relevant Product. We will do so by providing notice to you on the contact details submitted by you at the time of making the order. Upon receipt of such a notice, you may elect to cancel the order by giving notice in return to us, which must be provided to us within seven (7) days of us issuing the notice to you notifying you of the increased price.
9. Refunds
We do not offer refunds if you change your mind, make a wrong selection, or choose a different product elsewhere. We advise you to review your orders thoroughly before adding them to your cart and proceeding with your purchase.
10. Risk and Title
Risk and title in our Products will pass to you once the Product leaves our warehouse with the relevant nominated carrier.
Fjord Wellness checks each Product thoroughly before it leaves our warehouse, and we keep a digital record of the condition of the Product prior to dispatch. Fjord Wellness will not take any responsibility for damage, loss or any other event which may occur after the item leaves our warehouse.
Fjord Wellness accepts no responsibility for any claims, losses, damage arising out of, or additional costs incurred due to, delivery not being effected as a result.
You accept all responsibility for missing, lost or damaged Products left by the carrier.
11. Damaged Products
If any Product ordered by you arrives damaged or is otherwise not of acceptable quality, you may have legal rights and remedies in Australia, such as under the Competition and Consumer Act 2010 (Cth). This may include the right to have the Product repaired or replaced, or to receive a refund of the purchase price for the Product.
Customers will not be entitled to a full exchange, refund or other remedy unless the Product ordered is substantially faulty, significantly different from what was displayed to the customer, not doing what it is supposed to do, in breach of manufacturer’s warranties or consumer guarantees, or where otherwise required by law.
We recommend you retain your receipt of purchase as we may require proof of purchase in order to process any warranty requests. For all warranty queries, please contact us directly so that we may advise you whether a refund, exchange, repair or replacement is available for your Product.
If your order arrives damaged, please contact our customer service team at info@fjordicebaths.com within 24 hours of the receipt of your order. After that time, any claims relating to damaged Products may not be accepted.
12. Pool Compliances
Fjord Wellness is a manufacturer and supplier of ice baths systems, pools and accessories and delivers worldwide.
Pool safety laws apply to all our Products. It is the responsibility of the end user to contact the local authorities of their country or region to ensure they are aware of the latest requirements in regard to pool safety regulations, filtration, sanitisation, certificates and installations.
13. Safety Warnings
13.1 Precautions
Serious injury or death could occur if the following precautions are not observed:
- Consult with your doctor or corresponding health advisor before using ice baths.
- Do not enter the ice bath without supervision or if under the age of 18. Submerging your head must be done at your own risk and under supervision.
- Keep children away from the ice bath at all times, and when the ice bath is not in use, ensure the bath cover is securely fitted and child proof.
- If after using the ice bath you feel unwell, you should immediately consult your doctor or health care professional.
- Long exposure to ice water can lead to hyperthermia. It is your sole responsibility to assess your own comfort level for exposure to ice water and if you have any doubts about this you should consult your doctor or health care professional. Fjord Wellness make no recommendations whatsoever in this regard.
- Only use the ice bath if you have the physical ability to get in and out of the ice bath.
- Make sure a bath mat is placed before getting in and out of the ice bath to prevent slipping.
- DO NOT overfill the tub. Water overflow could result in damages, electrical danger and/or slippery floors.
- Make sure all electrical connections are correctly connected.
- DO NOT use the ice bath if damage is apparent anywhere in the system.
- Make sure all water hose connections are properly locked in.
- DO NOT run the ice bath before the water has filled the system completely (5 minutes after tub is full).
- Make sure the extension lead being used has an earth on the plug.
- Ensure the ice bath cover is securely fastened and secured when the ice bath is not in use.
- The installation and placement of the ice bath is your responsibility. It is your obligation to ensure that the ice bath is situated in a safe and structurally sound location, with adequate drainage and support.
- No glass or other foreign objects should be placed in the ice bath. Fjord Wellness shall not be liable to fix or replace any ice baths that may be damaged as a result of foreign objects being placed or found in the ice bath.
- It is recommended that the ice bath be located indoors or undercover out of direct sunlight. If exposed to direct sunlight, performance may be reduced.
- If the insulated cover is off for prolonged periods of time, performance may be reduced.
- It is your responsibility to turn off the ice bath when not in use. YOU MUST turn off the ice bath if the ice bath is located in an environment that drops below 0 degrees (as it could damage the componentry).
13.2 Safety Information
Electricity is dangerous. In order to prevent accidents, please pay attention to the following safety information:
- Please ensure the electricity is suitable for this machine before using it.
- Please make sure the AC socket is properly grounded. Using a waterproof socket is required if this machine is installed outdoors. Dry your hands before operating the plug.
- Please never put this machine into water nor spray the machine with water. It is best to have a shade on top outdoors.
- Although this machine has passed safety tests, we never recommend keeping the machine on while taking a bath if you are not sure the AC socket is properly grounded.
- Keep children away from the machine while it is in use.
- Please keep the environment ventilated, with the maximum allowable ambient operating temperature not to exceed 40 degrees Celsius.
14. Warranty
- We offer a structural warranty on ice bath Products for a period of five (5) years from the date of purchase.
- Parts and machinery components of a Product will come with a two (2) year warranty. However, please note that the costs of labour and transportation for machinery and components are not covered under the second (2nd) year of this warranty coverage.
- Consumable items such as filter cartridges, replacement ozone generators and UV lamps are not covered by this warranty, as such consumable Items require regular replacement after a set usage period. This warranty is applicable only to the original purchaser and is non-transferable unless approved in writing by Fjord Wellness.
- To qualify for a warranty service, the Product must be used and maintained in accordance with the manufacturer's instructions. Any unauthorized modification or repair will result in the voiding of the warranty.
- We reserve the right to repair or replace any defective parts at our discretion, provided that the product is returned to us with all shipping costs prepaid. This warranty does not cover damages caused by misuse, negligence, accidents, acts of nature or any other events expressly excluded under these Terms of Use.
15. Monetary Limitation
Fjord Wellness’s maximum aggregate liability in respect of all claims made in respect of any warranty relating to our Products shall not exceed the original purchase price of the Product.
Our warranties and liability will not extend to or otherwise cover:
- transport damage;
- loss caused by normal wear and tear or neglect;
- loss caused by fire, flood or rainwater, theft, vermin or insect infestation or unreasonable outdoor exposure;
- damage caused due to the Product not being reasonably installed, operated, maintained or used in accordance with the manufacturer’s instructions and specifications;
- damage caused by unauthorised alterations, accident, misuse, abuse, use of an incorrect voltage, power surges, thunderstorm activity, tampering and unauthorised repairs or exposure to abnormally corrosive conditions;
- damage caused by the incorrect use of corrosive chemicals in the pool water, unless the Product is certified for use with such corrosive chemicals, in which case this will be clearly stated in the instruction book supplied with the Product, otherwise, corrosive chemicals must be avoided;
- damage caused by water or other liquids entering the electrical or electronics of the Product through negligence;
- damage caused by severely overheating the Product due to negligence, such as covering the Product’s fans or heat exchanging surfaces with towels, clothing or other objects, or operating the system too close to a wall; or
- consumable items such as filters, water hoses, seals and covers.
16. Website Content
This Website contains a range of information about our business and Products. Any articles or other information contained or published on this Website fall subject to these Terms of Use. We will endeavour to keep the information contained on this Website updated and current. However, there may be information on our Website or included with our Products that contain typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times or general availability of Products. Furthermore, some information provided on this Website will be provided for general purposes only, and customers should make their own enquiries and investigations before proceeding to purchase any of our Products.
We reserve the right to change the content on this Website at any time, without prior notice. We reserve the right to correct any errors, inaccuracies or omissions at any time, without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information contained on this Website or any related Subdomain, including without limitation, pricing or Product information, except as required by law. No specified update or refresh date for this Website should be taken to indicate that any information on the Website has been accurately modified or updated.
Any reliance on the material or information displayed on this Website is at the user’s own risk.
Photographs of Products displayed on this Website are for illustrative purposes only and may vary in various aspects from the goods depicted or described, including without limitation, the colour and size of Products, which may vary slightly from those displayed on a computer monitor, mobile screen or other electronic or physical depiction of the Products.
To the extent permitted by law, we do not warrant that the information contained on this Website will be error-free, complete or suitable for any purpose you may have. While we will use reasonable efforts to correct any errors and present accurate information, we expressly disclaim any liability to the extent permitted by law arising out of your reliance on information contained on this Website.
In the event you believe this Website contains a factual or other error, please contact our team at info@fjordicebaths.com.
17. Intellectual Property Rights
Any graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them and/or all software displayed on or otherwise relating to this Website (Intellectual Property) are owned by, registered or licenced to, or otherwise under the control of Fjord Wellness (this may include ownership by a related body corporate or other third party).
You acknowledge that this Intellectual Property remains the property of its respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws, and nothing in these Terms of Use gives you a right to use or misuse any of them.
Nothing contained on this Website is to be interpreted as a recommendation to use any information on this Website in a manner which infringes the intellectual property rights of any person. Fjord Wellness makes no representations or warranties that your use of the information contained on this Website will not infringe any such intellectual property rights.
You may view this Website and its contents for personal and non-commercial use only. Subject to the Copyright Act 1968 (Cth) and other relevant Australian legislation, you may not, in any form or by any means, reproduce, modify, distribute, store, transmit, publish or display within another website, or create derivative works from, any part of this Website, nor commercialise any information obtained from any part of this Website, without the prior written consent of Fjord Wellness, or, in the case of third party material, from the owner of the copyright in that material.
You may not modify or copy the layout or appearance of this Website nor any computer software or code contained in this Website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this Website.
If you correspond or otherwise communicate with Fjord Wellness, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, without limitation, publishing testimonials on this Website or otherwise and developing your ideas and suggestions for improved products.
18. Privacy Policy
Fjord Wellness´s Privacy Policy provides further information regarding how your personal information may be collected and managed by Fjord Wellness through your use of this Website. Our Privacy Policy can be found here: www.fjordicebaths.com/privacy.
19. Cookies
Cookies may be used on this Website to gather data in relation to this Website. In using this Website, you acknowledge and consent to this data being gathered.
20. Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia. By using this Website and/or purchasing a Product from Fjord Wellness, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.
If any provision of these Terms of Use is found to be invalid or unenforceable by a Court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect.
If you access this Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Fjord Wellness makes no representations that the content of this Website complies with the laws of any country outside Australia.
21. Limitation of Liability
Subject to the extent permitted by the Australian Consumer Law and the relevant laws of Queensland, Fjord Wellness exclude all liability in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this Website or provided through this Website, including but not limited to claims for faulty design, negligent or misleading advice, loss of profits, revenue or business, damages arising from loss or use of the Product, compensatory, direct, indirect or consequential damages or injury to any person, corporation or other entity, interruption of business, loss of data, income or profit, loss of or damage to property, or any third party claims. If any liability cannot be excluded by law, Fjord Wellness limits its liability to the re-supply of the relevant Product.
The use of the information on this Website is at your own risk. You must carefully read and strictly follow the safety and care instructions available on our Website or as otherwise provided with our Product in the form of safety instructions or safety warning stickers to prevent injury or death. If the Product is damaged, it should not be used.
Fjord Wellness Products are not designed to be a protection or treatment for injury. They are not a toy and not designed to be used by children. Children should not be left in or near the Products without supervision due to the risk of drowning that could occur even in very shallow water as well as other injuries, including slip and fall where surfaces are wet.
Fjord Wellness and each of its related bodies corporate make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or Products included or otherwise displayed on this Website, nor to the availability, functionality or performance of any Product, except as otherwise provided for under applicable law.
Fjord Wellness does not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Website or any linked Subdomain, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Website. To the maximum extent permitted by law, Fjord Wellness disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this Website or the information that it contains.
You agree to indemnify Fjord Wellness and other persons involved in the creation of this Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, any information that you provide via this Website or any damage that you may cause to this Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.