Terms and conditions for purchase of goods and services
Terms and conditions of sale
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us via our website at www.get-fitt.com or by calling us on 01727 602022.
"Get Fitt" means Get Fitt Limited, and its affiliates and subsidiary companies from time to time;
"Conditions" means these terms and conditions;
"Goods" means any goods you purchase under these Conditions;
"Personal Information" means the details provided by you to us;
"Non-subscription Services" mean any Services other than Subscription Services;
"Services" means any services you order or otherwise purchase under these Conditions;
"Us/our/we" means Get Fitt Limited, a company registered in England and Wales under the number with registered office located at 10 Beaumont Gate, Shenley Hill, Radlett, Hertfordshire WD7 7AR;
"Website" means either one of the websites located at www.get-fitt.com or any other URL which may replace it; and
"You/Your" means the person ordering or otherwise purchasing the Goods or Services.
1. Rights and Obligations
1.1.1. to pay any amounts due to us in a timely manner;
1.1.2. that the Personal Information you provide is true, accurate, current and complete in all respects;
1.1.3. to notify us immediately of any changes to the Personal Information using the contact details in Clause 5.4; and
1.1.4. not to impersonate any other person or entity or to use a false name.
1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. We also reserve the right to change or add to these Conditions from time to time.
1.3. Unless you have placed an order for any Goods or Services, or you subscribe to any Subscription Services, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
1.4. From time to time we may also have to make changes in the specification of any Good or Service:
1.4.1. to make it conform with any applicable safety or other statutory requirements; or
1.4.2. to make it reflect changes in the manufacturer's specification, but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
1.5. Goods and Non-subscription Services:
1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Non-subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
1.5.3. We are under a legal duty to supply Goods that are in conformity with these Conditions.
1.6. Estimated time frames for delivery of Goods or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
1.7. Goods may be subject to EU and US export control laws and laws of the country where they are delivered or used.
2.1. Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us.
2.2. When requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
2.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
3. Price and Payment
3.1. The price of the Goods or Services (if any) shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates unless stated otherwise.
3.2. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we may:
3.2.1. where you have ordered Goods or Non-subscription Services, cancel this agreement; and/or
3.2.3. You confirm that any payment method you use is yours.
3.4. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
3.5. Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.6. Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
3.7. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.
4. Cancellation, Returns and Exchanges
4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days' written notice.
4.2. Refunds can be issued in the unlikely event that products arrive damaged or the customer is dissatisfied. Damage or dissatisfaction must be reported in writing within 14 days of receiving the goods. Goods must be returned within 14 days of receipt, unused and in the original packaging. Refunds do not include shipping costs.
4.3.1. You may cancel any order for Services any time within 14 calendar days from the commencement of the contract for such Services. Notice of the cancellation of a purchase must be given in writing no later than 14 days after receipt of goods. However, you may not cancel once we have started providing any part of such Services to you with your agreement.
4.3.2. If you cancel an order for Goods, they must be returned to us within 14 days of you informing us of your wish to cancel, complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
4.3.3. Where we have agreed to collect the Goods from you, you must ensure that they are available for collection at the time arranged.
4.3.4. You shall be under a duty to take reasonable care of the Goods until received or collected by us and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
4.3.5. You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.
5. Limitation of Liability
5.1. We will not be liable for any loss or damage caused by us in circumstances where:
5.1.1. there is no breach of a legal duty of care owed to you by us; and/or
5.1.2. such loss or damage is not reasonably foreseeable.
5.2. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
5.3. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
5.4. Nothing in these Conditions shall:
5.4.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
5.4.2. Limit your rights as a consumer under applicable UK law.
5.5. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
5.6. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
6.1. Events Beyond the Parties' Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
6.2. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
6.3. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
6.4. Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the UK.
6.5. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
6.6. Call Monitoring: Monitoring or recording of your calls may take place for our business purposes
7. Handling Complaints and Sending Notices
7.1. If you wish to make a complaint you may do so in the following way:
7.1.1. by calling 01727 602022;
7.1.2. in writing addressed to:Get Fitt Ltd, 10 Beaumont Gate, Shenley Hill, Radlett, Hertfordshire WD7 7AR; or
7.1.3. online, athttp://www.get-fitt.com/contact_us.htm and submitting a complaint form.
7.2. If you need to send us a notice in relation to these Conditions you can do so in the following way:
7.2.1. by post to Get Fitt Ltd, 10 Beaumont Gate, Shenley Hill, Radlett, Hertfordshire WD7 7AR; or
7.2.2. via our website at http://www.get-fitt.com/contact_us.htm
7.3. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.