TERMS AND CONDITIONS FOR ONLINE SALE AND PURCHASE OF EQUIPMENT
Updated and effective: 27 August 2015
These Terms will apply to any contract between us for the sale of Equipment to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Equipment from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Equipment from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Equipment, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on the date stated at the top of this page.
1. Our Equipment
1.1 The images of the Equipment on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Equipment. Your Equipment may vary slightly from those images.
2. How we use your personal information
3. If you are a business customer
This clause 3 only applies if you are a business.
3.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Equipment.
3.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
3.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
3.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
4. How the contract is formed between you and us
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.3.
4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Equipment has been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
4.4 If we are unable to supply you with Equipment, for example because that Equipment is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Equipment, we will refund you the full amount including any delivery costs charged as soon as possible.
5. Our right to vary these Terms
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
5.2 Every time you order Equipment from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6. Your consumer right of return and refund
This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, you have a legal right to cancel a Contract at any time up to fourteen (14) days after the day on which you receive the Equipment. If you place an order for several pieces of Equipment and they are delivered separately then your fourteen (14) days will start the day after you receive the last piece of Equipment. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
6.2 The cancellation right above does not apply in the case of any Equipment which becomes mixed inseparably with other items after their delivery.
6.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com. If you are emailing us please include details of your order to help us to identify it including your name, physical address, details of the order you wish to cancel and, where available, your phone number and email address. Alternatively you may use and return to us a copy of the cancellation form which is set out at the end of these Terms as a Schedule.
6.4 If you cancel your Contract, you must return the Equipment to us at your cost to Parkway Fitness, Boxtree Farm, Stratford Road, Hockley Heath B94 6EA within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to Equipment to which cancellation rights apply. This includes the delivery charges you paid to us (except for any extra costs if you chose a type of delivery method other than our standard and least expensive method of delivery). If you used vouchers to pay for the Equipment we may refund you in vouchers.
6.5 We reserve the right to reduce your refund to reflect any reduction in the value of the Equipment if this has been caused by your handling the Equipment in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Equipment and later discover you have handled the Equipment in an unacceptable way, you must pay us an appropriate amount.
6.6 We will make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Equipment back from you.
6.7 If you have returned the Equipment to us under this clause 6 because it is faulty or mis-described, we will refund the price of the Equipment in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
6.8 Unless the Equipment is faulty or not as described (in this case, see clause 6.6), you will be responsible for the cost of returning the Equipment to us. If the Equipment cannot be returned by post, we estimate that if you use the carrier which delivered the Equipment to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Equipment from you, we will charge you the direct cost to us of collection.
6.9 Because you are a consumer, we are under a legal duty to supply Equipment that is in conformity with this Contract. As a consumer, you have legal rights in relation to Equipment that is faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms.
7.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 for our responsibilities when this happens.
7.2 The Contract will complete and title in the Equipment (and so risk of loss or damage to such) will pass to you on the later of:
(a) once we have received payment in full, including all applicable delivery charges; or
(b) delivery of the Equipment to your nominated address.
8. Price of Equipment and delivery charges
8.1 The price of Equipment will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Equipment are correct at the time when the relevant information was entered onto the system. However please see clause 8.5 for what happens if we discover an error in the price of Equipment you ordered.
8.2 Prices for our Equipment may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of Equipment includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Equipment in full before the change in VAT takes effect.
8.4 The price of Equipment does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
8.5 It is always possible that, despite our reasonable efforts, some of the Equipment on our site may be incorrectly priced. If we discover an error in the price of the Equipment you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Equipment at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
9. How to pay
9.1 You can only pay for Equipment using a debit card or credit card. We accept the following cards: VISA and MasterCard.
9.2 Please note that some credit card companies will charge a currency conversion fee to your credit card account when processing your payment. We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information secure. Payment for your order must be accepted by our central bank network. If your payment is declined, you will receive an automated notification that your order cannot be processed.
9.3 Payment for the Equipment and all applicable delivery charges is in advance.
10. Our liability if you are a business
This clause 10 only applies if you are a business customer.
10.1 We only supply the Equipment for internal use by your business, and you agree not to use the Equipment for any resale purposes.
10.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
10.3 Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
10.4 Subject to clause 10.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Equipment.
10.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Equipment. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Equipment are suitable for your purposes.
11. Our liability if you are a consumer
This clause 11 only applies if you are a consumer.
11.1 If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
11.2 We only supply the Equipment to you for domestic and private use. You agree not to use the Equipment for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Equipment to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Equipment you have already received and we will refund the price you have paid, including any delivery charges.
13. Contacting Us
13.1 If you wish to contact us for any reason, including because you have any complaints, you can contact us by e-mailing us at firstname.lastname@example.org.
13.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
13.3 Our company details are:
Les Mills Fitness UK Limited
Registered Office: Suite 601, 1 Alie Street, London, E1 8DE
Registered in England and Wales. Company number: 07880229
VAT no. GB128401732.
14. Other important terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 If you are a consumer, you may only purchase Equipment from our site if you are at least 18 years old.
14.7 These Terms are governed by English law. This means a Contract for the purchase of Equipment through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
MODEL CANCELLATION FORM
(Complete and return this form if you wish to withdraw from the Contract with us)
To: Les Mills Fitness UK Limited, Suite 601, 1 Alie Street, London, E1 8DE
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate