Terms & Conditions

Effective Date: 2 September 2026

These Terms & Conditions govern your use of the BRUTEforce® website and your purchase of products from BRUTEforce® Australia for delivery to customers in the United States.

By accessing our website, creating an account, placing an order, or purchasing or using BRUTEforce® products, you agree to these Terms & Conditions, together with our applicable Guarantee & Returns Policy, Shipping Policy, Warranty Policy and Privacy Policy.

If you do not agree with these Terms & Conditions, please do not use our website or purchase our products.

1. ABOUT BRUTEforce®

BRUTEforce® Australia supplies fitness equipment and related products to customers in the United States and other markets where products are offered.

In these Terms & Conditions, “BRUTEforce®”, “we”, “us” or “our” means BRUTEforce® Australia and its applicable operating entity.

“You” or “customer” means the person purchasing from or using our website.

For purchases made through the U.S. website, the seller is BRUTEforce® Australia.

2. ACCEPTANCE OF TERMS

By using this website or placing an order, you confirm that you:

• Have read and understood these Terms & Conditions
• Agree to be bound by them
• Have the legal capacity to enter into a purchase agreement
• Will provide accurate and complete information when placing an order
• Will use our website and products lawfully
• When placing an order online, you may be required to confirm your acceptance of these Terms & Conditions before completing your purchase
• Acceptance of these Terms & Conditions does not exclude or limit any rights you have under applicable federal or state consumer law

3. RELATED POLICIES

The following policies form part of our overall terms of sale:

• Guarantee & Returns Policy
• Shipping Policy
• Warranty Policy
• Privacy Policy
• Where a product, promotion or order contains specific additional terms, those terms may also apply
• If there is a conflict between these Terms & Conditions and a mandatory legal right, the mandatory legal requirement will prevail

4. WEBSITE USE

You may use this website for lawful purposes only.

You must not use the website to:

• Commit or facilitate unlawful activity
• Attempt to gain unauthorized access to our systems
• Introduce malicious software or harmful code
• Interfere with the operation of the website
• Scrape, harvest or systematically copy website content without permission
• Impersonate another person or business
• Submit fraudulent or misleading information
• Use our website or content to compete unfairly with BRUTEforce®
• Attempt to circumvent security or purchasing restrictions
• We reserve the right to restrict or terminate access to the website where reasonably necessary to protect our business, customers, systems or intellectual property, subject to applicable law

5. PRODUCTS, SPECIFICATIONS & IMAGES

We make reasonable efforts to ensure that product descriptions, dimensions, specifications and images displayed on our website are accurate.

However, minor variations may occur.

These may include:

• Color variations caused by photography or different screens
• Minor manufacturing or finish variations
• Product improvements or design changes
• Changes to dimensions or specifications
• Changes to accessories or included components
• Product images may show optional accessories or equipment that are not included unless specifically stated in the product description or order
• If you are unsure whether a particular accessory, attachment or feature is included, please contact BRUTEforce® before purchasing
• Nothing in this section limits any rights or remedies available under applicable federal or state law

6. PRODUCT AVAILABILITY

Products displayed on our website are subject to availability.

We may update product availability, specifications and estimated delivery times from time to time.

Where a product becomes unavailable after an order has been placed, we will contact you and provide an appropriate remedy in accordance with applicable law.

7. PRICING

Prices displayed on the website are in the currency stated at checkout.

We reserve the right to change prices before an order is accepted.

Once an order has been accepted, we will generally honor the price shown at the time of purchase, subject to obvious pricing errors and applicable law.

Prices may exclude shipping, sales tax, duties or other charges where these are not expressly included at checkout.

8. PRICING ERRORS

We make reasonable efforts to ensure that website pricing is accurate.

However, errors may occasionally occur.

If an obvious pricing error affects an order you have placed, we may contact you as soon as reasonably practicable and provide you with the option to:

• Confirm the order at the correct price; or
• Cancel the affected order and receive an appropriate refund
• If we cannot contact you, we may cancel the affected order and refund amounts paid for the canceled products
• This clause does not affect any rights you have under applicable federal or state law

9. ORDERS

Submitting an order constitutes an offer to purchase the selected products.

An order is not necessarily accepted until BRUTEforce® confirms acceptance of the order or dispatches the product, whichever occurs first, unless otherwise required by applicable law.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

• A product is unavailable
• There has been an obvious pricing or listing error
• Fraudulent or suspicious activity is suspected
• Payment cannot be successfully processed
• Incorrect or incomplete information has been supplied
• Delivery to the requested location cannot reasonably be arranged
• If we cancel an order after payment has been received, we will provide an appropriate refund in accordance with applicable law
• Nothing in this section limits any mandatory rights or remedies available to the customer

10. PAYMENT

Payment must be made using the payment methods offered at checkout or otherwise agreed with BRUTEforce®.

Payment providers may include credit card facilities, PayPal, Afterpay or other third-party payment services.

Your use of a third-party payment service may also be subject to that provider’s own terms and conditions.

Orders may not be dispatched until payment has been successfully received or otherwise authorized.

11. PROMOTIONAL OFFERS & DISCOUNTS

Promotional offers, discounts and special pricing may be subject to additional terms.

Unless expressly stated otherwise:

• Offers cannot be combined with other discounts or promotions
• Promotional pricing applies only during the stated promotional period
• Clearance products are available while stocks last
• Promotional pricing is not retrospective
• Promotional pricing does not apply to previous purchases
• Quantity restrictions may apply
• Where a promotion contains specific terms, those terms will apply
• Nothing in this section permits BRUTEforce® to make misleading representations concerning discounts, savings or previous prices

12. SHIPPING & DELIVERY

Delivery is governed by our Shipping Policy, which forms part of these Terms & Conditions.

For U.S. orders, BRUTEforce® generally allows approximately 2–3 business days for warehouse preparation before dispatch.

After dispatch, average delivery is approximately 7–11 business days.

These timeframes are estimates rather than guaranteed delivery dates unless BRUTEforce® expressly states otherwise.

Delivery may take longer for remote or difficult-to-service locations, carrier constraints, weather, public holidays, peak periods or other circumstances outside BRUTEforce®’s reasonable control.

BRUTEforce® will not advertise or promise a shipping or delivery timeframe unless it has a reasonable basis to expect that the stated timeframe can be met.

If circumstances arise that prevent us from shipping within a stated timeframe, we will provide any notices, revised delivery information, cancellation options or refunds required by applicable law.

Heavy and oversized fitness equipment may require specialized freight arrangements.

Some products may be delivered in large or heavy crates and may require:

• Tail-lift delivery
• Specialized freight equipment
• Curbside delivery
• Access-point delivery
• Additional delivery arrangements
• Customers are responsible for ensuring that the delivery address is suitable for the equipment being ordered
• Please refer to our Shipping Policy for detailed delivery requirements and responsibilities

13. DELIVERY ADDRESS

You are responsible for providing a complete and accurate delivery address and contact information.

This includes ensuring that:

• The address is correct
• Access is suitable for the size and weight of the equipment
• The delivery location can safely accommodate the freight vehicle
• Someone is available to receive the delivery where required
• Any access restrictions are communicated before delivery
• Additional charges resulting from an incorrect address, failed delivery, restricted access, re-delivery or storage may be payable by the customer where permitted by applicable law

14. DELIVERY ACCESS & INSTALLATION

Unless expressly agreed otherwise, standard freight delivery does not include:

• Carrying equipment inside a property
• Carrying equipment upstairs
• Moving equipment through buildings
• Assembly
• Installation
• Positioning equipment in its final location
• The customer is responsible for arranging appropriate assistance where required
• For large and heavy equipment, customers should carefully consider doorways, stairs, hallways, ceiling heights and other access restrictions before ordering

15. FREIGHT DAMAGE

Customers should inspect deliveries as soon as reasonably practicable.

Where possible, photograph the packaging and equipment before opening and document any visible damage.

If damage is identified, contact BRUTEforce® as soon as reasonably practicable and provide photographs and other requested information.

Failure to inspect or document freight damage may affect our ability to assist with a carrier claim, but does not remove any rights or remedies that cannot legally be excluded.

16. RISK & TITLE

Title to products passes to the customer once full payment has been received, subject to applicable law.

Responsibility for the goods during transportation will be handled in accordance with applicable law and the circumstances of the delivery.

Nothing in these Terms & Conditions is intended to exclude or limit rights or responsibilities that cannot legally be excluded or limited.

17. RETURNS & CHANGE OF MIND

Our Guarantee & Returns Policy applies to eligible returns.

Unless a different right applies under applicable law, BRUTEforce® offers a 30-Day Money Back Guarantee subject to the conditions of that policy.

Approved change-of-mind returns may be subject to:

• A 15% restocking fee
• Return freight costs
• Original shipping costs being non-refundable
• Original packaging requirements
• Inspection and approval
• These conditions apply to eligible change-of-mind returns only and do not apply to the extent that they would unlawfully restrict a customer’s statutory rights or other mandatory legal remedies

18. FAULTY, DEFECTIVE OR INCORRECT PRODUCTS

If a product is faulty, defective, damaged or materially different from what was ordered, contact BRUTEforce® as soon as reasonably practicable.

Depending on the circumstances, we may require:

• Photographs
• Video evidence
• Product serial numbers
• Proof of purchase
• A description of the issue
• Troubleshooting information
• Inspection of the equipment
• Faulty products will be dealt with in accordance with our Warranty Policy and any applicable federal or state consumer rights and remedies
• Nothing in this section limits a consumer right or remedy that cannot legally be excluded or limited

19. WARRANTY

BRUTEforce® products are covered by our Warranty Policy.

Our warranty coverage may include different periods for:

• Structural frames
• Pulleys
• Cables
• Attachments
• Wear parts
• Upholstery
• The applicable warranty period depends on the product purchased
• For U.S. consumer products, applicable written warranty terms may be subject to federal warranty requirements, including the Magnuson-Moss Warranty Act and applicable state law. (Federal Trade Commission)
• Our Warranty Policy does not replace or reduce any consumer guarantees, implied warranties or other mandatory legal rights applicable to your purchase

20. EXERCISE EQUIPMENT & SAFE USE

BRUTEforce® equipment is designed to be used in accordance with its intended purpose, published specifications, safety warnings and operating instructions.

Before using equipment, customers and users should read and follow all applicable assembly, operating and maintenance instructions.

Users are responsible for using the equipment safely and within its published weight and operating limits.

Users should stop using equipment immediately if it appears damaged, defective or unsafe and contact BRUTEforce® where appropriate.

Where appropriate, users should obtain professional medical or fitness advice before commencing a new exercise program.

Nothing in these Terms & Conditions excludes or limits liability that cannot legally be excluded or limited.

21. ASSUMPTION OF RISK

Exercise and the use of fitness equipment involve inherent risks, including the possibility of physical injury.

By purchasing or using BRUTEforce® equipment, you acknowledge the importance of using the equipment safely and in accordance with the supplied instructions.

Customers should ensure that:

• Equipment is correctly assembled
• Equipment is installed on an appropriate surface
• Adequate clearance is maintained
• Published weight and operating limits are observed
• Safety mechanisms are used correctly
• Equipment is regularly inspected and maintained
• Users are appropriately supervised where required
• Nothing in this section excludes or limits any consumer right, statutory right or liability that cannot legally be excluded or limited

22. ASSEMBLY & INSTALLATION

Customers are responsible for following the assembly and installation instructions supplied with their equipment unless professional installation has been separately purchased or agreed.

Incorrect assembly or installation may affect equipment operation and may cause damage or injury.

Where professional installation is provided, the scope of that service will be determined by the applicable installation agreement.

23. MAINTENANCE

Customers are responsible for carrying out the maintenance specified in the product’s instructions.

This may include cleaning, lubrication, inspection, adjustment and replacement of applicable wear components.

Failure to properly maintain equipment may affect warranty coverage where the failure or damage results from inadequate maintenance.

Nothing in this section limits any rights or remedies that cannot legally be limited.

24. INTELLECTUAL PROPERTY

All content on the BRUTEforce® website, including:

• Logos
• Trademarks
• Product names
• Product photography
• Videos
• Graphics
• Product descriptions
• Website design
• Written content
• Software
• Other materials
• is owned by or licensed to BRUTEforce® unless otherwise stated
• You must not reproduce, modify, distribute, publish, sell or commercially exploit our intellectual property without written permission

25. WEBSITE CONTENT LICENSE

We grant you a limited, non-exclusive, non-transferable license to access and use the website for lawful personal and purchasing purposes.

You must not:

• Copy website content for commercial purposes
• Reproduce product photography without permission
• Republish product descriptions
• Create derivative works from our website content
• Remove copyright or trademark notices
• Mirror the website on another server
• Reverse engineer website software where prohibited by law
• Use our content to compete unfairly with BRUTEforce®
• This license terminates if you breach these Terms & Conditions, subject to applicable law

26. USER REVIEWS & USER-GENERATED CONTENT

If you submit a review, photograph, video, testimonial or other content to BRUTEforce®, you grant BRUTEforce® permission to use, reproduce, publish and display that content for legitimate business and marketing purposes, subject to applicable law.

You must only submit content that:

• You have the right to provide
• Is truthful and not misleading
• Reflects your actual experience where the content represents an experience with a BRUTEforce® product
• Does not infringe another person’s rights
• Does not contain unlawful or defamatory material
• Does not contain malicious code
• BRUTEforce® may remove or decline to publish content that breaches these requirements or applicable law
• Where a review, testimonial or endorsement involves a material connection between the reviewer or endorser and BRUTEforce®, that connection must be disclosed as required by applicable law
• BRUTEforce® does not require customers to provide positive reviews and does not condition incentives on a review expressing a particular sentiment

27. THIRD-PARTY LINKS & SERVICES

Our website may contain links to third-party websites or services.

These websites are operated independently of BRUTEforce®.

We do not necessarily endorse or control third-party websites and are not responsible for their content, availability, policies or practices.

Your use of third-party websites is subject to their own terms and conditions.

28. PAYMENT PROVIDERS

Payments may be processed through third-party providers, including credit card providers, PayPal, Afterpay or other payment services.

Third-party payment providers may apply their own terms, conditions and privacy policies.

Where financing or installment services are offered, those services are provided under the applicable terms of the relevant provider.

29. WEBSITE ACCURACY

We make reasonable efforts to keep website information accurate and current.

However, the website may occasionally contain:

• Typographical errors
• Technical errors
• Photographic errors
• Outdated information
• Product availability errors
• Pricing errors
• Specification errors
• BRUTEforce® may correct errors and update website information at any time
• Where an error materially affects an accepted order, BRUTEforce® will address the matter in accordance with applicable law

30. WEBSITE AVAILABILITY

We do not guarantee that the website will always be available, uninterrupted or free from technical errors.

The website may occasionally be unavailable due to:

• Maintenance
• Updates
• Technical problems
• Hosting issues
• Cybersecurity incidents
• Events outside our reasonable control
• We may modify, suspend or discontinue website features or services where reasonably necessary
• Nothing in this section excludes or limits any liability that cannot legally be excluded or limited

31. GENERAL INDEMNITY

To the maximum extent permitted by applicable law, you agree to indemnify BRUTEforce® against reasonable losses, claims and costs arising directly from your:

• Unlawful use of the website
• Fraudulent conduct
• Intentional misuse of the website
• Unauthorized use of BRUTEforce® intellectual property
• Material breach of these Terms & Conditions
• This indemnity does not apply to the extent that the relevant loss was caused by BRUTEforce®’s own negligence, breach of law or other conduct for which BRUTEforce® is legally responsible
• Nothing in this clause excludes or limits rights or liabilities that cannot legally be excluded or limited

32. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, BRUTEforce® will not be responsible for losses that are caused solely by:

• The customer’s misuse of a product
• Failure to follow supplied instructions
• Unauthorized modifications
• Unauthorized repairs
• Failure to properly maintain equipment
• Use outside published specifications
• Use contrary to safety instructions
• Information incorrectly supplied by the customer
• Events outside BRUTEforce®’s reasonable control
• Nothing in these Terms & Conditions excludes, restricts or modifies any liability, consumer right, warranty, implied warranty or statutory right that cannot legally be excluded, restricted or modified
• For U.S. customers, applicable federal and state law will determine the extent to which any limitation of liability is permitted

33. EVENTS OUTSIDE OUR REASONABLE CONTROL

BRUTEforce® will not be responsible for delay or failure to perform an obligation where the delay or failure is caused by circumstances beyond our reasonable control, to the extent permitted by applicable law.

These circumstances may include:

• Natural disasters
• Severe weather
• Fire
• Flood
• War
• Civil unrest
• Government action
• Industrial disputes
• Port closures
• Shipping disruptions
• Freight carrier disruptions
• Epidemics or pandemics
• Major infrastructure failures
• Cybersecurity incidents
• Other events beyond our reasonable control
• Where reasonably possible, we will take reasonable steps to minimize the impact of such events
• This clause does not remove any right to a refund or other remedy that applies under mandatory federal or state law

34. INTERNATIONAL ORDERS

Where BRUTEforce® accepts orders for delivery outside the United States, additional laws and requirements may apply in the destination country.

International customers may be responsible for:

• Import duties
• Customs charges
• Brokerage fees
• Local taxes
• Government charges
• Import permits or approvals
• Compliance with local product requirements
• Unless expressly stated otherwise, these charges are the customer’s responsibility
• Customers are responsible for ensuring that products can legally be imported and used in their country
• Mandatory consumer protections in the customer’s jurisdiction may apply notwithstanding these Terms & Conditions

35. TAX-EXEMPT PURCHASES

Tax-exempt purchases will be processed in accordance with applicable tax laws.

Customers seeking tax-exempt treatment should contact BRUTEforce® before completing their purchase.

Appropriate documentation may be required.

Tax treatment may vary depending on the customer’s location and the nature of the transaction.

36. CHANGES TO THESE TERMS

BRUTEforce® may update these Terms & Conditions from time to time.

The current version will be published on our website with its applicable effective date.

Changes will generally apply to future website use and purchases.

We will not use a subsequent change to these Terms & Conditions to remove or retrospectively alter rights relating to an order that has already been accepted, except where permitted or required by law.

37. NO WAIVER

If BRUTEforce® does not immediately enforce a provision of these Terms & Conditions, this does not mean that BRUTEforce® has waived its right to enforce that provision in the future.

Any waiver must be expressly given in writing.

38. SEVERABILITY

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable where legally possible.

If it cannot be made enforceable, it will be severed to the extent necessary without affecting the remaining provisions.

39. ENTIRE AGREEMENT

These Terms & Conditions, together with the applicable:

• Guarantee & Returns Policy;
• Shipping Policy;
• Warranty Policy;
• Privacy Policy;
• Product-specific terms; and
• Promotional terms,
• form the agreement governing your use of the website and purchase of BRUTEforce® products, subject to mandatory rights and obligations imposed by applicable law
• To the extent permitted by applicable law, disputes relating to these Terms & Conditions or a U.S. purchase will be brought in the state or federal courts located in or serving Chicago, Illinois

40. GOVERNING LAW & JURISDICTION — UNITED STATES PURCHASES

For purchases made by customers in the United States, these Terms & Conditions and the purchase transaction are governed by the laws of Western Australia, Australia, without regard to conflict-of-law principles, except to the extent that applicable federal or state law requires otherwise.

To the extent permitted by applicable law, disputes relating to these Terms & Conditions or a U.S. purchase will be brought in the courts of Western Australia, Australia.

Nothing in this clause is intended to waive, restrict or exclude any consumer right, remedy or protection that cannot legally be waived, restricted or excluded under applicable law.

Where applicable U.S. federal or state law provides mandatory consumer protections or requires a dispute to be heard in another jurisdiction, those requirements will apply to the extent required by law.

42. OTHER INTERNATIONAL CUSTOMERS

For customers purchasing outside the United States or Australia, applicable local consumer protection laws may provide rights that cannot legally be excluded.

Where mandatory laws in the customer’s jurisdiction apply to the transaction, those laws will prevail to the extent required.

Nothing in these Terms & Conditions is intended to remove mandatory rights available to consumers in their country or jurisdiction.

43. LEGAL CAPACITY

By placing an order, you confirm that you are legally capable of entering into a binding agreement.

If you are purchasing on behalf of a business or organization, you confirm that you have authority to act on its behalf.

44. CONTACT

For questions regarding these Terms & Conditions, orders, products or customer service, please contact:

• BRUTEforce® Australia
• Phone: +61 8 9446 4816
• Website: www.bruteforceaustralia.com
• Last Updated: 2 September 2026