USE OF WEBSITE
The website may include links to other websites or resources. We have no control over the content of these websites and are not liable in any way for their content.
Any material that you upload to the website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. We also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy.
We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the website and you agree to be responsible to us for and indemnity us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the website.
We have the right to remove any material or posting you make on the website at our sole discretion.
PURCHASE OF PRODUCTS
When purchasing a product from the website you are making a contract with Fitness Firm.
You agree that your order is an offer to purchase the product(s) listed in your order to us on the Terms. You agree that an order is engaging with a contract with www.fitnessfirm.com All orders are subject to our acceptance and availability. Items that are placed in your shopping basket are not reserved and may be purchased by other customers. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of occasions we may not accept your order are: that we are unable to obtain authorisation for payment; shipping restrictions apply to a particular item; the item ordered is out of stock, the item ordered does not satisfy our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within the Terms.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
After submitting an order to us, we will send you an order acknowledgment email. This email will include your order number, details of the Products you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order.
Acceptance of your order and formation of a contract of sale takes place when your order has been dispatched and we have sent you an email confirming this.
When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. Where we ask you to provide and use identifiers and passwords to access restricted parts of the website, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware or suspect any unauthorized use of your account.
You will only be charged for products once they have been dispatched for delivery.
We will store a record of your transactions for a minimum of one year.
In the event of an item being available for Pre-Order, you will receive an additional email from the customer services team to confirm your order details and to advise of the expected delivery dates.
Please note that any item that is preordered upon request can only be exchanged or offered a credit note if returned.
Prices shown on the Site are in GBP, Dollars or Euros and are inclusive of VAT, prices do not include delivery costs.
All prices and offers remain valid as advertised from time to time. The GBP, Dollar or Euros price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of obvious error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit/debit card is not denominated in GBP, Dollars or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. All orders are placed with Fitness Firm, which is a UK entity. Your card issuer or payment method provider may therefore apply other international bank charges. We have no control and cannot predict the amount of these charges. Please contact your issuing bank before placing your order if this applies to you.
Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, Maestro, American Express and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by FitnessFirm.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
To help ensure that your shopping experience is safe and secure, we use state of the art security systems to encrypt your payment details, making it virtually impossible for the to be read over the internet.
We have the right to cancel your purchase without prior notification. Examples of occasions we may choose to cancel your purchase are: your card details have been flagged by our fraud screening processes or are declined by our fraud screening processed.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
INSURANCE AND DELIVERY
Delivery will be made by DHL Express or Royal Mail dependant on the shipping service chosen at time of purchase.
Ownership of any products ordered by you from us shall pass to you on the later of:
(a) the date on which we receive full payment for those products;
(b) the date and time of delivery to your nominated address.
We insure each purchase during the time it is in transit until it is delivered to your specified delivery address. A signature is required for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us, and transfer of responsibility in the same way.
We shall be entitled to supply your purchases in installments and each installment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
All content (including but not limited to logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination of these) of the website is either owned or licensed to us, and is protected by applicable copyright laws around the world. All such rights are reserved.
The FITNESS FIRM trade mark and all other marks, trade names, service marks, brand names, business names, illustrations, logos, prints which appear on the products on the website or their packaging, whether registered or unregistered are either ours or licensed to us and are protected by applicable trade mark laws around the world. All rights are reserved.
All other intellectual property in or connected to the website, our products, or any related packaging, stationery, marketing material, or in any other way are either ours or licensed to us and such rights are protected by the applicable laws around the world.
Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to its content including our Software and all HTML and other code contained in this Site. You are permitted to access and make personal use of the website but such use is limited and does not include the right to:
• use the website in any way which may prejudice or damage our reputation or that of Fitness Firm;
• use the website for any commercial or business purposes;
reproduce or redistribute the website or any of its contents for commercial or business purposes
• take any action that may impose an unreasonable burden or load on our infrastructure.
We do not promise that the content of the website is accurate or error-free. We do not promise that the functional aspects of the website will be error free or that the website, its contents, nor the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions expressed by individuals on the website are the personal opinions of the authors and do not reflect the views of Fitness Firm. If you have a complaint about any posts please email email@example.com
LIMITS ON OUR LIABILITY
You have certain rights under the law in addition to those detailed under RETURNS AND CANCELLATIONS. In England these include:
• that any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site.
• certain remedies if a product is defective.
Nothing in these Terms is intended to affect these rights.
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
If we breach the Terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing your order, and our dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.
We reserve the right to transfer, assign, novate, or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Fitness Firm as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Fitness Firm, and we shall not be liable for any representation, act, or omission on your part.
If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.
The Terms will be governed by and construed in accordance with English law and the relevant courts of England and Wales will have exclusive jurisdiction.