Acceptance of goods shall be deemed to be acceptance of these conditions of sale. Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted.
No agent or representative of the vendor has authority to vary these conditions unless accepted in writing by a Director of Fitness World (Bristol) Ltd.
Please note: All products will be shipped at the price in effect shown on our Web Site on the date of order regardless of what any other price list reflects. Up to date prices can be found on our Web Site, which is continuously updated.
Payment, Delivery and PriceSALES
a. Payment is to be made via credit or debit card unless otherwise agreed in writing and no goods shall be dispatched until payment has been made to the vendor. All credit card companies now require address verification (your credit card billing address) on all mail order transactions. An incorrect billing address will result in a delayed or cancelled order.
b. The vendor shall dispatch goods to the purchaser within 14 days of receipt of payment or shall notify the purchaser if goods are unavailable.
c. In the event that goods are unavailable the vendor will make immediate refund to the purchaser of monies paid relating to the unavailable goods only. If only part of an order can be supplied the vendor shall be entitled to fulfill that part of the order and retain payment for any or all goods dispatched.
d. Our policy requires 100% prepayment in advance for any orders made from this website. Such payments are not refundable once the merchandise is ordered except as shown in these terms.
e. In the vast majority of cases, we are able to deliver your items within the timescales specified. Please note, however, that the estimated delivery time is not a guarantee of delivery. All timescales are approximate and should only be used as a guideline for receiving your items.
f. For orders placed on the weekend or bank holidays, the estimated delivery time should be measured from the next working day.
g. All estimated delivery times are based on delivery to mainland UK addresses. For delivery to other areas, please contact us for prices. Delivery to the Scottish Highlands may take a short time longer (please contact us for more details).
h. Do not book any tradesperson based on estimated delivery times. Wait until your goods have arrived and been checked. We are not liable for any work costs you may incur.
i. The courier will contact you directly re: a delivery date. If you are not available when this date has been arranged, then any additional costs incurred for a re-delivery will be your sole responsibility. You will be charged for the additional delivery costs.
SERVICE AND REPAIRS
a. Unless otherwise stated, terms of payment are cash on delivery and/or completion of service or repair. For approved monthly accounts payment is required within 30 days of the date of invoice.
In the event that an invoice is not settled within 30 days of the date of the invoice Fitness World reserves the right to charge a fortnightly administration fee. (2.5% of invoice) In addition the customer will be liable for legal costs and disbursements incurred by Fitness World arising from the default.
If the customer fails to comply with the terms of payment or the requirement to secure payment, Fitness World reserves the right to withhold further goods and services or at its option, terminate the agreement to supply goods and services, and any unpaid amount shall thereupon become immediately due.
b. Ownership and property of all parts supplied and/or installed remains with Fitness World until Fitness World has received payment in full of all money owing by the customer to it in full. If payment is not received by the due date we shall, without prejudice to our other remedies, be entitled to retake possession of the parts and to recover the deficiency on resale plus cost of repossession from you.
c. Custom made, custom cut or custom processed products acquired by Fitness World for the customer will not be returnable nor will labour charges for repairs or service previously authorised by the customer.
d. Any service or advice which may be offered by Fitness World, its staff or agents to users of suitable parts and repair options is rendered in all good faith and Fitness World shall not be liable for any loss or damage arising therefrom.
e. Every effort is made to ensure that specifications and other information in correspondence etc. are correct and accurate, but no warranty is given in respect thereof and Fitness World shall not be liable for any error therein.
f. Price estimates shall be open for acceptance for a period of 14 days from the date on which the offer is made until revoked or replaced by a further offer. Acceptance occurs at the time communication of acceptance is received by you whether by verbal, written or electronic means. An electronic communication of acceptance is deemed to be received when it enters your computerized information system. A communication of an offer must, to validly constitute an offer, include all details necessary for the execution of the order. In the event of suspension of work on the purchaser's instructions or lack of instruction or by failure to provide sufficient information to enable work to proceed uninterruptedly, the contract price may be increased to cover any extra expenses thereby incurred or in the event of cancellation of the contract the client may be charged with all costs incurred.
Liabilitya. No liability for any claim for damage shall be accepted unless the purchaser notifies the vendor within 7 days of delivery. This period may be extended at the sole discretion of the vendor where the manufacturer's replacement policy extends the deadline.
b. No liability for any claim for missing items shall be accepted unless the purchaser notifies the vendor within 7 days of delivery.
c. No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the purchaser given on the order unless the vendor is notified in writing by the purchaser within 7 days of delivery.
d. In the case of manufacturers who operate direct product support and returns procedures, the purchaser accepts an obligation to process their claim directly through the manufacturer
Returned Goodsa. The vendor reserves the right to charge a restocking fee on goods returned for credit which are not in stock condition and where notification has not been given by the purchaser of any damage to the goods within 7 days of delivery.
b. The purchaser shall unless otherwise stated be responsible for the cost of outward and return of all goods returned by the purchaser to the vendor for which goods shall be at the risk of the purchaser until actual receipt of the goods by the vendor. The onus of proof of safe delivery shall rest with the purchaser.
c. All items claimed to be faulty returned to the vendor by pre-arrangement and found to contain no fault, will be subject to a 25% restocking charge, provided the goods are in original stock condition. Any downward variation of this restocking charge shall be at the sole discretion of the vendor.
d. The vendor shall give a 7 day return full guarantee to refund to the purchaser full credit for any goods returned in stock condition which shall not affect the rights of the consumer or purchaser under any statutory rights.
e. No credit shall be allowed for goods until they have been received complete.
f. A Full Credit will only be given on items returned within seven days from delivery.
g. If a credit is to be given, the original carriage charge will not be refunded/credited if applicable.
h. Refused Shipments: Shipments returned marked refused, or not in when driver called will not result in refund and refusal of a shipment does not relieve the customers liability for paying any charges. This may be a re-delivery cost.
Consequential LossThe extent of the vendor liability to the purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any customer of the purchaser and whether direct, indirect, consequential, or howsoever arising.
Lawa. If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
b. These terms shall be deemed to have been made in England and shall in all respects be governed by English Law.
c. In respect of consumer sales only, statutory rights are unaffected by these terms and conditions.
General informationWhen you require Customer Services please contact us via email at support@fitnessworld.co.uk
For us to give you customer service quickly please have the following information ready:
- THE NAME IN WHICH THE GOODS WERE PURCHASED
- THE DATE OF PURCHASE
- FULL FAULT DESCRIPTION
Terms & Conditions of SaleThe terms and conditions listed are determined by specific consumer legislation and the rights of the purchaser are governed by such consumer legislation.
Terms of BusinessUK residents pay the VAT inclusive price (VAT at appropriate rate, currently 17.5%). EU residents/exempt pay the exclusive price.
Payment is only accepted by credit/debit card unless otherwise agreed with the vendor.
We do not warrant the suitability of goods for a particular purpose, and purchasers should check specifications, size and suitability before ordering.
Claims for damage and mis-shipping must be made within seven days of receipt.
After this date, and in all other circumstances after 7 days only replacement may be offered at the discretion of the vendor.
The purchaser is responsible for ensuring safe shipping of any returned item.
