you enter into a legally binding agreement with us on the
following Conditions. You should read and understand these
Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of Fitness
World (Bristol) Limited, a company registered in England
and Wales under company no.4332432 whose registered office
address is Unit 10 Bakers Park, Cater Road, Bristol, BS13
7TW; ("the Seller", "We" or "Us") for certain products as
set out in the pages on this site ("the Goods"). Subject
to the provisions of Clause 4.2 below, the price of the
Goods the delivery charges and Value Added Tax where applicable
is set out on the Order Form - VAT Registration Number 790
7279 90.
In accordance with the provisions of the Consumer Protection
(Distance Selling) Regulations 2000, you have the right
to withdraw from this transaction. Details of your right
to withdraw will be sent to you with the Goods when they
are delivered and can be found in Clause 9 below. PLEASE
NOTE THAT THE RIGHT TO WITHDRAW FROM THE CONTRACT DOES NOT
APPLY IN RESPECT OF ANY AUDIO OR VIDEO RECORDINGS OR COMPUTER
SOFTWARE WHICH HAVE BEEN OPENED BY YOU.
| 1. |
Interpretation |
| 1.1 |
In these Conditions:
'Conditions' means the standard Terms and Conditions
of sale set out in this document;
'Contract' means the contract for the sale of the
Goods;
'Payment Card' means the credit or debit card or other
payment system chosen by you to be used as the method
of payment for the Goods of which you have provided
details to us when placing the Order;
'Delivery Area' means mainland UK. Special delivery
arrangements can be made to the Channel Islands, Northern
Ireland, Republic of Ireland, Isle of Wight, Isle
of Man, and the Scottish Isles or Highlands.
'Goods' which you have ordered including any instalment
of the goods or any parts for them which are available
for purchase from our Web Site in accordance with
the Conditions;
'Information System' means a system for generating,
sending, receiving, storing or otherwise processing
electronic communications;
'Order' means any order placed by you with us for
the supply of Goods;
'Order Form' means the electronic order form completed
and submitted electronically by you;
'Regulations' means the Consumer Protection (Distance
Selling) Regulations 2000;
'Web Site' our presence on the world wide web, currently
accessible via the address www.fitnessworld.co.uk
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| 1.2 |
Reference to any statute or statutory
provisions shall be deemed to include any statutory
modifications or re-enactments thereof or any rules
or regulations made thereunder or any enactment repealing
and replacing the act referred to. |
| 1.3 |
Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the
plural and vice versa;
1.3.2 words importing the masculine gender shall include
the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of
persons whether corporate or incorporate.
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| 1.4 |
Unless the context otherwise requires
references to clauses shall be construed as references
to clauses of these Conditions. |
| 1.5 |
Headings are inserted for convenience
only and shall not affect the construction or interpretation
of these Conditions. |
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| 2. |
Basis of the sale |
| 2.1 |
We shall sell to you and you shall
purchase only those goods which you have set out in
an order and which have been accepted by us. We reserve
the right to reject any order. Unless otherwise agreed
in writing each such sale of Goods will be subject
to these terms and conditions. |
| 2.2 |
No Order submitted by you shall be deemed
to be accepted by us unless and until confirmed by
e-mail or in writing by us. |
| 2.3 |
No variation to these Conditions shall
be binding upon us unless and until agreed by e-mail
or in writing by us. |
| 2.4 |
Any error or omission in any information
or document issued by us shall be subject to correction
provided that the correction does not materially affect
the contract. |
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| 3. |
Orders |
| 3.1 |
The quantity, quality and description
of the Goods will be those set out in your Order (if
accepted by us). |
| 3.2 |
Orders are accepted at our sole discretion
but are normally accepted if the Goods are available,
the order reflects current pricing, you are based
in the Delivery Area and your Payment Card is authorised
for the transaction. |
| 3.3 |
You or we are entitled to withdraw from
any contract in the case of obvious errors or inaccuracies
regarding the Goods appearing on our website. |
| 3.4 |
You shall be responsible for ensuring
the accuracy of the terms of any Order submitted by
you, and for giving us any necessary information relating
to the Goods within a sufficient time to enable us
to perform the Contract in accordance with its terms. |
| 3.5 |
The quantity, quality and description
of and any specification for the Goods shall be those
set out in the relevant pages of this site. |
| 3.6 |
We reserve the right to make changes
in the specification of the Goods which are required
to conform with any applicable statutory or EC requirements
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| 4. |
Price of the goods |
| 4.1 |
The price of the Goods shall be the
price set out on the relevant page of this site. We
reserve the right to change the prices set out on
this site provided that if we accept an order from
you the price for the goods will be the price set
out in the relevant range at the time the order is
placed. |
| 4.2 |
If the price of the Goods increases
between the date we accept your Order and the delivery
date, we will let you know and ask you to confirm
by e-mail/in writing that the new price is acceptable.
If it is not acceptable then you will, of course,
have the option of cancelling the order. |
| 4.3 |
The price of the Goods does not include
insured postage or packaging. There will be an additional
charge made relative to the size and amount of Goods
insured for postage and packaging. This charge will
be clearly shown on the Order form. |
| 4.4 |
The total price is inclusive of any
applicable value added tax. |
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| 5. |
Terms of payment |
| 5.1 |
Upon providing us with details of the
Payment Card and submitting the Order you :
| 5.1.1 |
Confirm and undertake that the
information contained within the Order is true
and accurate and that you are duly authorised
to use the Payment Card; and |
| 5.1.2 |
Authorise us to deduct from the
Payment Card account the full price of the Goods
and all other payments which may become due
to us under the Contract. |
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| 5.2 |
If it is not possible to obtain full
payment for the Goods from your account on delivery
of the Goods to you, we can cancel the Order or suspend
any further deliveries to you. This does not affect
any other rights we may have. |
| 5.3 |
Where Goods are returned by you in
accordance with your rights under the provisions of
Clause 9, we shall credit the Payment Card with the
appropriate amount. |
| 5.4 |
We will not pass your personal information
on to any third party without your permission. Unless
solely due to our negligence we cannot be held liable
for any losses you may suffer. If in any event your
payment card is used fraudulently you are entitled
to cancel the payment and be reimbursed by the card
issuer without being charged for the loss. |
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| 6. |
Delivery |
| 6.1 |
Delivery of the Goods shall be made
by us or our carrier to the address for delivery shown
in the Order Form. It is important that this address
is accurate. Please be precise about where you would
like the Goods left if you are out when we deliver.
Once the Goods have been delivered in accordance with
your delivery instructions, you will be responsible
for them. Our responsibility for everything other
than damage due to our negligence or due to a manufacturing
design or design fault will cease upon delivery. |
| 6.2 |
We will do all that we reasonably can
to meet the date given for delivery or, if no date
has been agreed, within 30 days of the order date.
We cannot be held responsible for delays beyond our
control. If we are unable to make the delivery date
we will contact you. If delivery cannot be made within
30 days of the given delivery date you will be entitled
to either arrange a revised date or cancel the order
and receive a full refund. If we are able to make
delivery in advance of the given date we will contact
you. |
| 6.3 |
If the order is a multiple order and
we are unable to make delivery of the whole order
but are able to deliver part we will contact you,
informing you of this, and delivery will be on a mutually
agreed date. In this instance delivery will be said
to be made in instalments. Each delivery shall constitute
a separate contract and any failure by us to deliver
any one or more of the instalments in accordance with
these conditions, or any claim by you in respect of
any one or more instalments will not entitle you to
treat the contract as a whole as repudiated. |
| 6.4 |
If we fail for any reason within our
control to fully/partially deliver your Goods any
reimbursement shall be no more than the price of the
Goods, together with any delivery and/or reasonable
return costs. |
| 6.5 |
Either party is entitled to cancel the
contract in respect of non-performance of obligations
in relation to delivery. If cancelled we will refund
you any monies already paid by you and any reasonable
return costs incurred by you. |
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| 7. |
Risk and property |
| 7.1 |
As soon as we have delivered the Goods
or services, you will be responsible for them. If
you delay a delivery our responsibility for everything
other than damage due to our negligence will end on
the date we agree to deliver them, as set out in the
contract. |
| 7.2 |
Subject to the provisions of clause
9 and notwithstanding delivery and the passing of
risk in the Goods, or any other provision of these
Conditions, the property in the Goods shall not pass
to you until we have received in cash or cleared funds
payment in full of the price of the Goods. Goods supplied
to you are not for resale. |
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| 8. |
Warranties and liability |
| 8.1 |
Terms and conditions of this contract
do not affect any additional rights you may have under
a manufacturer's warranty/guarantee. These are rights
given to you by the manufacturer in addition to your
statutory rights. Any additional rights given to you
by the manufacturer in respect of Goods purchased
are not incorporated into this contract. |
| 8.2 |
As a consumer you have statutory rights
regarding the return of defective Goods and claims
in respect of losses caused by any negligence on our
part or our failure to carry out our obligations.
The terms and conditions of this contract do not affect
your statutory rights. For further information regarding
these rights contact Trading Standards or Citizens'
Advice Bureau. |
| 8.3 |
IMPORTANT NOTICE: TIME LIMIT FOR
NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as reasonably
possible after delivery. Any claim by you based on
any defect in the quality or condition of the Goods
or their failure to correspond with specification
must (whether or not delivery is refused by you) be
notified to the company within 14 days from the date
of delivery or within a reasonable time after discovery
of the defect or failure if it was not apparent on
reasonable inspection.
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| 8.4 |
Where a valid claim in respect of
Goods delivered is notified to us within 14 days of
the delivery date, or within a reasonable time if
not apparent on reasonable inspection, you are entitled
to:
reject the Goods and receive a full refund;
or have the Goods (or the part in question) replaced
free of charge.
Any claims made after 14 days of delivery or exceeding
a reasonable time of discovery, we shall be entitled
to either:
replace the Goods (or the part in question) free of
charge or
at our sole discretion refund to you the price of
the Goods (or a proportionate part of the price) and
we shall have no further liability to you. |
| 8.5 |
Except in respect of death or personal
injury caused by our negligence we will not be liable
under this contract for any loss or damage caused
by us or our agents in circumstances where:
| i) |
there is no breach of a legal
duty of care owed to you by us or by any of
our employees or agents; |
| ii) |
such loss or damage is not
a reasonably foreseeable result of any such
breach; |
| iii) |
any increase in loss or damage
resulting from breach by you of any term of
this contract. |
In the event that you are using the supply address
in part for commercial purposes then no liability
for loss of profits or other economic loss arising
out of a breach of this agreement can be accepted.
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| 8.6 |
Subject to our obligations, and your
rights under the Regulations, we shall not be liable
to you or be deemed to be in breach of the contract
by reason of any delay in performing, or any failure
to perform, any of our obligations in relation to
the Goods if the delay or failure was due to any cause
beyond our reasonable control. |
| 8.7 |
We assume no responsibility for the
contents of any other web sites to which this Web
Site has links. |
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| 9. |
Right to Cancel |
| 9.1 |
You have a cooling off period of 14
days after the date on which you have received the
Goods to cancel the Contract, and return the Goods
at your cost and receive a full refund of the purchase
price. |
| 9.2 |
During the cooling off period any cancellation
must be given by written notice by either party. |
| 9.3 |
Goods must be returned complete and
undamaged with all accessories and instructions. The
original packing must be returned in reasonable condition. |
| 9.4 |
The right to cancel this contract will
not apply in respect of:
Personalised Goods or Goods made to your specification
Audio, video recordings (including DVDs) or computer
software you have unsealed
Betting games or lottery services
Newspapers and magazines
Food, drink or other Goods intended for everyday consumption.
Contracts for accommodation, transport, catering or
leisure services which are arranged for a specific
time or date, e.g. train, airline or concert tickets
or hotel bookings
Timeshare and package holidays |
| 9.5 |
In the event that we supply substituted
Goods to you in accordance with the provisions of
Clause 2, your right to cancel is as set out as above
except that the cost of returning the Goods shall
be borne by us. |
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| 10. |
Communications |
| 10.1 |
Any communication sent electronically
by e-mail or otherwise:
| 10.1.1 |
Will be deemed to have been sent
once it enters an Information System outside
the control of the originator of the message; |
| 10.1.2 |
Will be deemed to have been received
by the intended recipient at the time that in
a readable form it enters an Information System
which is capable of access by the intended recipient; |
| 10.1.3 |
Will be deemed to have been dispatched
in the case of a business at its principal place
of business and in the case of an individual
where he or she ordinarily resides; |
| 10.1.4 |
Will be deemed to have been received
in the case of a business at its principal place
of business and in the case of an individual
where he or she ordinarily resides. |
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| 10.2 |
To protect your own interests you should
ask for a delivery receipt for any such and retain
a hard copy of that delivery receipt and the original
correspondence. |
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| 11. |
General |
| 11.1 |
Any communication sent by post will
be deemed received by the intended recipient three
days following mailing where sent by first class post
or five days after mailing where sent by second class
post. |
| 11.2 |
The clauses of these Conditions and
each sub-clause thereof are several and if any part
of any clause or sub-clause shall be void, invalid
or unenforceable then the remainder of such clauses
or sub-clauses shall nevertheless be valid and enforceable. |
| 11.3 |
No term of the Contract is intended
to confer a benefit on, or be enforceable by, any
person who is not a party to the Agreement (whether
under the Contracts (Rights of Third Parties) Act
1999 or otherwise). |
| 11.4 |
If any provision of these Conditions
is held by any court or competent authority to be
invalid, unlawful or unenforceable in any jurisdiction
in whole or in part, it will not affect the validity
or enforceability of the other provisions of these
Conditions and the remainder of the provision in question
shall not be affected nor will it affect the validity,
lawfulness or enforceability of that provision in
any other jurisdiction. |
| 11.5 |
We will try and solve any disagreements
quickly and efficiently. If you are not happy with
the way we deal with any disagreement and you want
to take court proceedings you must do so within the
United Kingdom. |
| 11.6 |
The headings in these Conditions are
for convenience only and will not affect their interpretation.
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© 2010 SafeBuy v3.5.1 |
0845 6410 753
