| |
|
| 1. |
FORMATION OF THE CONTRACT |
| 1.1 |
These terms of sale apply to all goods supplied by Ultim8 Fitness Limited, a
company registered in England and Wales under registration number 5268803 (“the
Supplier”). |
| 1.2 |
No contract exists between you and the Supplier for the sale of any goods
until the Supplier has received and accepted your order and sends you
confirmation in writing or by email to the address or email address you have
given. Once the Supplier does so, there is a binding legal contract between us. |
| 1.3 |
The contract is subject to your right of cancellation (see clause 5 below).
|
| 1.4 |
The Supplier may change these terms of sale without notice to you in relation
to future sales. |
| |
|
| 2. |
DESCRIPTION AND PRICE OF THE GOODS |
| 2.1 |
The description and price of the goods you order will be as shown in the
Supplier’s current catalogue or on its website at the time you place your
order. |
| 2.2 |
The goods are subject to availability. If on receipt of your order the goods
you have ordered are not available in stock, the Supplier will inform you as
soon as possible, and refund or recredit you for any sum that has been paid by
you or debited from your credit card for the goods if you decide not to proceed
with the order. |
| 2.3 |
Every effort is made to ensure that prices shown in the Supplier’s current
catalogue or shown on its website are accurate at the time you place your
order. If an error is found, the Supplier will inform you as soon as possible
and offer you the option of reconfirming your order at the correct price or
cancelling your order. If you cancel, the Supplier will refund or recredit you
for any sum that has been paid by you or debited from your credit card for the
goods. |
| 2.4 |
In addition to the price, you may be required to pay a delivery charge for the
goods, as shown in the section of the Supplier’s catalogue or website about
delivery.
|
| 2.5
|
The price of the goods and delivery charges are inclusive of VAT. |
| |
|
| 3. |
PAYMENT |
| 3.1 |
Payment for the goods and delivery charges can be made by any method shown in
the Supplier’s current catalogue or shown on its website at the time you place
your order. |
| 3.2 |
Credit Card orders will only be sent to the registered card holder’s address.
If this is not the case you will need to contact us and provide additional
documentation to satisfy extra security checks. |
| |
|
| 4. |
DELIVERY |
| 4.1 |
The goods you order will be delivered to the address you give when you place
your order, except that deliveries are not made outside the United Kingdom, and
some parts of the United Kingdom are not covered, as shown in the Supplier’s
current catalogue or on its website at the time you place your order.
|
| 4.2 |
If delivery cannot be made to your address, the Supplier will inform you as
soon as possible, and refund or recredit you for any sum that has been paid by
you or debited from your credit card for delivery. |
| 4.3 |
If there is no one at the address given who is competent to accept delivery of
the goods, you will be notified of an alternative delivery date or a place to
collect the goods. You maybe, at the Supplier’s sole discretion, charged an
amount equal to the delivery charge if it is necessary to re-deliver the goods
to you. |
| 4.4 |
Every effort will be made to deliver the goods as soon as possible after your
order has been accepted and in any event within [30] days of your order.
However, the Supplier will not be liable for any loss or damage suffered by you
through any reasonable or unavoidable delay in delivery. In this case, the
Supplier will inform you as soon as possible. |
| 4.5 |
You will become the owner of the goods you ordered and responsible for risk of
loss of or damage to them once they have been delivered to you. |
| 4.6 |
Deliver will be made within 7 working days to most parts of the UK although
some locations may take up to 12 working days. You will be called 48 hours
before the anticipated delivery time, to check it is convenient and again 2
hours prior to arrival. If you are not in at the agreed time then a redelivery
charge may be made. |
| 4.7 |
Any damages or missing parcels must be noted on the delivery note. The words
“unchecked” or “unexamined” or any similar term will not be accepted as a
condition. The Supplier cannot accept liability for damage or missing
consignments it is not noted on the delivery note. |
| 4.8 |
The Supplier can deliver to most addresses in the UK including N. Ireland. The
Supplier cannot deliver to the Channel Islands or the Isle of Man. |
| |
|
| 5. |
YOUR RIGHT OF CANCELLATION |
| 5.1 |
You have the right to cancel the contract at any time up to the end of five
working days after you receive the goods (see below). A working day is any day
other than weekends and bank or other public holidays in England. If the
product has been dispatched prior to your cancellation you will be liable for
the delivery charges in returning and restocking the item.
|
| 5.2 |
To exercise your right of cancellation, you must give written notice to the
Supplier by hand or post, fax or email, at the address, fax number or email
address shown below, giving details of the goods ordered and (where appropriate)
their delivery.
|
| 5.3 |
If you exercise your right of cancellation after the goods have been delivered
to you, you will be responsible for returning the goods to the Supplier at your
own cost. The goods must be returned using our nominated deliver company. To
arrange the return of the Goods you must contact customer services for a returns
reference number and pay the return carriage fee. You must take reasonable care
to ensure the goods are kept safely and are not damaged in the meantime. Collection
may take up to 14 working days from the time you contact the Supplier.
|
| 5.4 |
Once you have notified the Supplier that you are cancelling the contract, the
Supplier will refund or re credit you within 30 days of the goods being returned
or receipt of your notice (whichever is the later) for any sum that has been paid
by you or debited from your credit card for the goods but no refund will be made
for the delivery charges delivering the item to you that have been included in the
purchase price. ( this cost can be quite substantial as we use our own or high
quality subcontractors.
|
| 5.5 |
Returned goods must be repacked in the original packing goods and in a suitable
state for shipping. Items not packed correctly or not in the original packing
are not fit and safe to return. The collection may be refused or you may be
charged for any damage caused during the return of the Goods, if they are damaged
or soiled because they were not property packed prior to their return. If you
require the Goods to be repacked before they are collected you may be charged a
restocking fee of up to 25% of the price of the Goods.
|
| 5.6 |
If you do not return the goods as required, you may be charged a sum not
exceeding the direct costs of recovering the goods.
|
| |
|
| 6.
|
WARRANTY |
| 6.1 |
All goods supplied by the Supplier are warranted free from defects for 12
months from the date of supply. The Supplier may repair the Goods or at the
Suppliers sole discretion replace the Goods wither either an identical product
to the Goods or a product as close to the Goods as the Supplier may be able to
supply. This warranty does not affect your statutory rights as a consumer. |
| 6.2 |
This warranty does not apply to any defect in the goods arising from fair wear
and tear, wilful damage, accident, negligence by you or any third party, use
otherwise than as recommended by the Supplier, failure to follow the Supplier’s
instructions, or any alteration or repair carried out without the Supplier’s
approval. The Goods are not warranted for commercial or semi commercial use or
use in any public place or place or work, or for use in an environment not in
accordance with the instructions such as humid or dusty Garages or cellars,
poolrooms etc). |
| 6.3 |
The warranty does include minor day to day period adjustments typical with type
of the Goods (joint lubrication, belt adjustments belt lubrication etc) |
| 6.4 |
If the Goods develop a defect while under warranty, or you have any other
complaint about the Goods, you should notify the Supplier in writing at the
address, fax number or email address shown below. You must provide proof of
purchase. |
| 6.5 |
If the Goods are faulty on delivery and you want to return the goods to the
Supplier, you will do so at your own expense in accordance with clause 5 above.
The Supplier will refund the delivery charges for the return of the goods when
the Supplier has received the goods and established for itself that the goods
are faulty you must get a returns reference number. |
| 6.6 |
Goods that are not found to be faulty on return will incur a 25% restocking
charge. |
| |
|
| 7. |
LIABILITY |
| 7.1 |
You expressly acknowledge that the Supplier is not the original manufacturer of
the goods, and that the goods have been selected by you as suitable for their
purpose. The Supplier warrants to you that the goods will match their
specification in both physical appearance and performance. You accordingly
agree and acknowledge that all other conditions, warranties or representations
whether express or implied or statutory or otherwise in respect of the goods or
its fitness for any particular purpose are expressly excluded to the fullest
extent permitted by law.
|
| 7.2 |
You acknowledge that neither the Supplier nor its representatives are qualified
to advise you on any aspects of physical exercise or personal health. You
should consult your Doctor before undertaking in any strenuous exercise. |
| 7.3 |
It is your responsibility to ensure that you are capable of undergoing a
routine of exercises using the goods. You accept the risk of injury from
performing exercises on the goods and are advised to consult your doctor prior
to beginning any fitness program or exercise on the goods supplied. |
| |
|
| 8. |
DATA PROTECTION |
| 8.1 |
The Supplier will take all reasonable precautions to keep the details of your
order and payment secure, but unless the Supplier is negligent, the Supplier
will not be liable for unauthorised access to information supplied by you. |
| 8.2 |
The Supplier will only use the information you provide about yourself for the
purpose of fulfilling your order, unless you agree otherwise. The Supplier
would like to notify you of products and offers that may be of interest to you
from time to time. You may opt out of our mailing list when creating your
customer profile online (during ordering or registration)by ticking the
appropriate box. You can correct any information about you, or ask for
information about you to be deleted, by giving written notice to the Supplier
at the address, fax number or email address shown below. |
| |
|
| 9. |
APPLICABLE LAW |
| |
These terms of sale and the supply of the goods will be subject to English law,
and the English courts will have jurisdiction in respect of any dispute arising
from the contract. |
Shopping
Cart
Home
