Terms of service

Unleashed Holdings Pty Ltd trading as Build A Gym · ABN 63 632 873 379
Effective date: 25 August 2026 · Version 1.0 · Governing law: New South Wales, Australia

1. Introduction

These Terms & Conditions ("Terms") are issued by Unleashed Holdings Pty Ltd (ABN 63 632 873 379) trading as Build A Gym ("we", "us", "our"). They govern all purchases, pre-orders, deliveries, pickups, showroom visits and use of our website by you ("customer", "you"). By placing an order, paying a deposit, booking an appointment or visiting our showroom, you agree to these Terms.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (ACL) or any other legislation that cannot lawfully be excluded, restricted or modified. Where these Terms are inconsistent with the ACL, the ACL prevails to the extent of the inconsistency.

2. Orders & Payment

Prices are listed in AUD and include GST unless stated otherwise.

An order is only accepted once we confirm it to you in writing. Until we do, no contract exists between us.

Orders are confirmed on payment in full, unless a deposit or payment plan has been expressly agreed in writing — see Section 3 for pre-orders and deposits.

Product availability is not guaranteed until an order is confirmed. High-demand items may sell out between browsing and checkout.

We reserve the right to correct pricing, description or specification errors, and to decline or cancel an order and issue a full refund where a product is unavailable, mispriced, discontinued, or where an obvious error has occurred.

Where a payment surcharge applies to a particular payment method, it will be disclosed to you before you pay.

3. Pre-Orders, Deposits & Incoming Stock

Some products are sold as pre-orders against stock that is in production or in transit from our overseas suppliers and has not yet landed in Australia. Pre-order items are identified as such at the time of sale.

Deposit. A deposit of 30% of the order value is payable to secure a pre-order and reserve your stock allocation. The balance is payable in full, in cleared funds, before goods are dispatched for freight or released for collection. We will not dispatch or release goods until the full amount has cleared.

Estimated arrival dates are estimates only. Arrival dates are based on information provided by our suppliers and freight forwarders and are not guaranteed. Production schedules, vessel schedules, customs and quarantine clearance, port congestion, weather and carrier capacity are outside our control. We will keep you informed of any material change to a quoted arrival date.

30-day cancellation right. If a pre-ordered item has not become available for delivery or collection within 30 days after the estimated arrival date most recently notified to you in writing, you may cancel that item by written notice and receive a full refund of the deposit paid on it.

If we cannot supply. If a pre-ordered item cannot be supplied at all — because it is discontinued, our supplier fails to produce it, or the stock is lost or damaged in transit — you may choose a substitute item of equivalent specification, a credit toward other stock, or a full refund of your deposit.

Cancellation for change of mind. Deposits are otherwise non-refundable. If you cancel a pre-order for change of mind before the 30-day right above arises, we may retain so much of the deposit as represents the reasonable costs and losses we incur as a result of the cancellation, and will refund any balance.

Collection once stock lands. We will notify you in writing when your item is available. We do not charge storage fees. However, if you have not paid the balance and taken delivery or collection within a reasonable time after that notice, we may — after giving you a further written notice and a reasonable opportunity to complete the order — cancel the order and resell the goods, applying the deposit in accordance with the paragraph above.

Specification. Pre-order items may vary slightly in finish, colour or componentry between shipments. See Section 14.

4. Title & Risk

Title. Ownership of goods remains with Unleashed Holdings Pty Ltd until we have received payment in full, in cleared funds, for those goods and for any other amounts you owe us.

Risk. Risk in the goods passes to you on delivery to your nominated address, or at the point of collection from our Morisset premises, whichever applies.

Security interest. Where goods are released to you before payment in full, you hold them as bailee, must keep them identifiable and insured, and must not sell or encumber them. We may register a security interest in those goods under the Personal Property Securities Act 2009 (Cth), and you consent to that registration.

5. Delivery & Freight

Delivery and freight costs are not published and are not calculated automatically at checkout. All delivery is quoted on enquiry, based on the items ordered and your delivery location. Please contact us before completing your order if you would like a freight quote, or select pickup from Morisset, NSW (Section 6) to avoid freight costs altogether.

Third-party carriers. We arrange delivery through third-party couriers and freight carriers. The scope of each delivery — including whether a tail-lift, two-person handling or inside placement is available — is as set out in the individual freight quote for your order.

Kerbside delivery. Unless expressly agreed in writing, delivery is kerbside only. The carrier will unload to the kerb, driveway or ground-floor entry of the delivery address. Moving goods inside, upstairs or into final position is your responsibility.

Quotes are estimates. Freight quotes may vary with carrier surcharges — for example remote area delivery, hand unload, waiting time or redelivery.

Access and availability. You must provide an accurate delivery address, tell us in advance about any access restrictions (narrow streets, steep or unsealed driveways, locked gates, height or weight limits), and ensure someone is available to receive the delivery. Most freight deliveries require a signature.

Failed deliveries. If a delivery cannot be completed because nobody is available to receive it, access is inadequate, or the information you provided was inaccurate, any redelivery, storage or return-to-sender charges levied by the carrier will be passed on to you at cost.

Timeframes. Delivery timeframes are estimates. We are not liable for delays caused by carriers, weather or other events outside our reasonable control.

Inspect on arrival. Please inspect items on arrival, note any visible damage on the carrier's consignment note before signing, and report transport damage to us with photos within 48 hours of delivery. Reporting outside this window may make a transit insurance claim more difficult, but does not affect your rights under the ACL.

6. Pick Up — Morisset, NSW

Customers may collect equipment directly from our Morisset, NSW premises by appointment. Pickup is offered as an alternative to freight and carries the following conditions:

Pickup appointments must be booked in advance. The balance of your order must be paid in full, in cleared funds, before goods are released.

You are solely responsible for providing a vehicle suitable for the size and weight of the items being collected. Please check product dimensions and weight before booking a pickup.

You are responsible for loading, securing and transporting the items once collected. Our team can assist with lifting into a vehicle on request, but that assistance is provided at your own risk and does not transfer responsibility for safe loading or transport to us.

Please inspect goods for damage or defects at the time of pickup, before leaving the premises. Once goods have left our premises we are not responsible for damage caused during transport, loading or unloading by you.

Risk in the goods passes to you at the point of pickup (Section 4).

7. Assembly & Installation

Most equipment is supplied flat-packed or partly assembled. Unless we have agreed otherwise in writing, assembly is your responsibility.

Assembly or installation can be arranged as a paid service, quoted separately for each job. Please ask before purchase if you would like this included.

Where you or a third party assemble the equipment, you must follow the manufacturer's instructions and observe all weight and usage ratings. Our guarantee in Section 9 does not cover damage, failure or injury arising from improper assembly.

8. Showroom Appointments & Equipment Testing

Our showroom is available for in-person viewing and testing of equipment by appointment.

Appointments must be booked in advance through our website or by contacting us directly. If your plans change, please let us know so we can release the slot.

Testing equipment in the showroom is undertaken at your own risk. Please follow any instructions given by our staff and use equipment only as intended and within your own physical capability.

Children and other visitors accompanying you must be supervised at all times and are not permitted to use equipment unsupervised.

We recommend appropriate footwear and clothing for anyone testing equipment.

We may ask any person to stop using a piece of equipment, or to leave the premises, where we consider their conduct unsafe.

9. Guarantee — New Equipment

New equipment purchased from Build A Gym is covered by a 12-month guarantee from the date of delivery or collection, covering manufacturing defects in materials and workmanship. This guarantee is in addition to, and does not limit, your rights under the ACL.

Making a claim. Contact us with your order number, a description of the fault, and photos or video where possible.

Remedies. Where the failure is minor, we may choose to repair the item, replace it, supply replacement parts, or refund it. Where the failure is major, you may choose a refund or a replacement, and you may also be entitled to compensation for any other reasonably foreseeable loss or damage.

Freight on warranty claims. We supply replacement parts free of charge. For large or heavy items, we will assess the most practical remedy, which may be supplying parts, arranging a repairer, or arranging collection. Where the ACL requires us to bear the cost of returning goods that cannot easily be removed or transported, we will do so. If an item is returned and no fault is found, return freight is at your cost.

What is not covered. Normal wear and tear (for example bearing wear, cable stretch, upholstery wear); damage from misuse, neglect or failure to maintain; overloading beyond the rated weight capacity; use in a commercial or gym setting where the item is rated for home use only; unauthorised repairs or modifications; damage from improper assembly; and corrosion or deterioration from outdoor or damp storage.

ACL still applies. The exclusions above apply to this voluntary 12-month guarantee only. They do not limit the consumer guarantees under the ACL, which apply to goods costing under $100,000 regardless of whether the goods are used for business purposes.

10. Used, Ex-Demo & Clearance Equipment

Used, ex-showroom, ex-demo and clearance equipment is sold as-is, with no guarantee or warranty beyond the consumer guarantees that cannot be excluded under the ACL — for example, the guarantee that goods are of acceptable quality, assessed with regard to their age, prior use and price.

These items may show signs of wear, cosmetic damage or reduced function consistent with prior use or display, and are priced accordingly.

We strongly encourage you to inspect used and ex-demo equipment in person, via a showroom appointment, before purchasing.

Use of any used or ex-demo equipment is at your own risk.

11. Returns, Refunds & Cancellations

Your rights under the Australian Consumer Law always apply regardless of the policy below. If an item is faulty, not as described, or does not do what it is supposed to do, you are entitled to a repair, replacement or refund.

Outside of those consumer guarantees, Build A Gym does not offer change-of-mind returns or refunds. Please choose carefully — check product dimensions, weight capacity and specifications, or book a showroom appointment to view an item in person, before purchasing.

This applies to all products — new, used, ex-demo and clearance — and to both delivered and collected orders.

We may, entirely at our discretion and as a gesture of goodwill, agree to accept a return in individual circumstances. Any such arrangement is a one-off, may be conditional (for example, that the item is unused, unassembled and in its original packaging, and that you meet return freight and any restocking cost), and does not create an ongoing right or vary these Terms.

If you believe an item is faulty or not as described, contact us with your order number, a description of the issue, and photos or video where possible, and we will assess it under Section 9 or your applicable ACL rights.

Cancellation of pre-orders is dealt with in Section 3.

12. Assumption of Risk & Liability

Exercise and the use of gym equipment carry inherent risks of injury, including but not limited to muscle strain, joint injury and, in rare cases, more serious harm. By purchasing, testing or using any equipment supplied by Build A Gym, you acknowledge and accept these risks.

Equipment must be assembled, maintained and used in accordance with the manufacturer's instructions and any weight or usage ratings provided.

We recommend seeking guidance from a qualified professional before beginning any new exercise program, particularly if you are recovering from injury or managing a health condition.

To the maximum extent permitted by law, Build A Gym is not liable for personal injury, death or property damage arising from the use, misuse or assembly of equipment purchased from us, except where such liability cannot be excluded under the ACL or other applicable law.

This limitation applies equally to equipment tested in our showroom and equipment used after purchase, pickup or delivery.

To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, or loss of opportunity arising out of the supply of goods.

13. Indemnity

To the extent permitted by law, you agree to indemnify Build A Gym against any loss, damage or claim arising from your misuse of equipment, your failure to follow assembly or usage instructions, or your breach of these Terms.

14. Product Information & Website Content

Product images, dimensions, weights, colours and specifications are indicative. Manufacturers may change specification, finish or componentry without notice, and there may be minor variation between production runs and between shipments.

Weight capacity ratings are set by the manufacturer and must not be exceeded.

You are responsible for checking that an item fits your space, ceiling height, flooring and vehicle before ordering.

All content on our website — text, images, logos and product photography — is owned by or licensed to us and may not be reproduced without our written permission.

15. Events Outside Our Control

We are not liable for any failure or delay in performing our obligations where that failure or delay is caused by events beyond our reasonable control, including shipping or port delays, customs or quarantine action, carrier failure, supplier or factory closure, industrial action, extreme weather, fire, flood, epidemic or government restriction. Where such an event affects a pre-order, Section 3 applies.

16. Privacy

We collect and handle personal information (name, contact details, delivery address and order history) in accordance with our Privacy Policy and the Australian Privacy Principles. Payment card details are processed by our payment providers and are not stored by us. We do not sell customer data to third parties.

17. Changes to These Terms

We may update these Terms from time to time. The version published on our website at the time you place an order is the version that applies to that order.

18. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales.

19. Contact & Complaints

For order queries, warranty claims or complaints, contact us at:

Unleashed Holdings Pty Ltd trading as Build A Gym, ABN 63 632 873 379

Email: darren@buildagym.com.au

Phone: 0413 866 221

We aim to respond within 2 business days. If we cannot resolve a complaint to your satisfaction, you may contact NSW Fair Trading.