ECOMMERCE TERMS FOR THE SUPPLY OF GOODS
These Terms will apply to any contract between you and us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
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 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
- We operate the website shop.thegymgroup.com (“site”). We are Gym Limited (“we” or “our” or “us”), The Gym Limited is a company registered in England and Wales (company registration number 05659669) whose registered office is at Woodbridge Meadows, Guildford, Surrey, GU1 1BA
- The images of the Products on the site are for illustrative purposes only. Although we have made every effort to display the images accurately, we cannot guarantee that your computer's display of the images accurately reflects the Products. Your Products may vary slightly from those images.
- All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
USE OF OUR SITE
HOW WE USE YOUR PERSONAL INFORMATION
IF YOU ARE A CONSUMER
- This clause 5 only applies if you are a consumer. A consumer is someone who is not entering into the Contract in the course of their business, trade or profession.
- If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
- As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
IF YOU ARE A BUSINESS CUSTOMER
- This clause 6 only applies if you are entering into the Contract in the course of your business, trade or profession.
- You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- For the steps you need to take to place on order on our site, please see our How To Shop Online page.
- 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.
- 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 7.4.
- We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
OUR RIGHT TO VARY THESE TERMS
- We may revise these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. You must check these Terms each time that you order Products from our site as they may not be the same as the Terms that applied to your previous purchases.
COOLING OFF PERIOD
- This clause 9 only applies if you are a consumer (for an explanation of the word consumer, see clause 5.1).
- If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.4. This means that during the period in clause 9.4 if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply if:
- you break the seal or consume some or all of the Products that you wish to return;
- the Products are newspapers, periodicals or magazines or perishable goods, such as food or drink;
- the Products have been designed to your specification or clearly personalised; or
- software, DVDs or CDs which have a security seal which you have opened or unsealed.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.5. If you returned the Products to us because they were faulty or mis-described, please see clause 9.7.
If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will refund you on the credit card or debit card used by you to pay.
If the Products were delivered to you:
- you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
- unless the Products are faulty or not as described (in this case, see clause 9.7), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you.
- you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
- Delivery will be completed when we deliver the Products to the address you gave us when placing your order.
- The Products will be your responsibility from the completion of delivery.
- You own the Products once we have received payment in full, including all applicable delivery charges.
- Unfortunately, we do not deliver to addresses outside the UK with the exception of British Armed Forces overseas territories with active British Forces Post Office facilities.
- Save as mentioned in clause 11.1, you may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
PRICE OF PRODUCTS AND DELIVERY CHARGES
- The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
- Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
- The price of a Product 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 Products in full before the change in VAT takes effect.
- The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
- where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
- if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product 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.
HOW TO PAY
- Payment for the Products is taken via SagePay. Your use of SagePay is subject to its terms and conditions. You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, American Express, MasterCard, and Maestro.
- Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
- Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
- If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
OUR WARRANTY FOR THE PRODUCTS
- For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 3 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
The warranty in clause 15.1 does not apply to any defect in the Products arising from:
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
- if you fail to use the Products in accordance with their instructions;
- any specification provided by you.
If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
OUR LIABILITY IF YOU ARE A BUSINESS
- This clause 16 only applies if you are a business customer.
- We only supply the Products for internal use by your business and you agree not to use the Product for any re-sale purposes.
Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
Subject to clause 16.3, 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:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
Subject to clause 16.3 and clause 16.4 , our total liability to you in respect of all other 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 150% of the price of the Products ordered.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. 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 Products are suitable for your purposes.
OUR LIABILITY IF YOU ARE A CONSUMER
- This clause 17 only applies if you are a consumer (for an explanation of the word consumer, see clause 5.1).
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 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
- defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
- 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 18.2.
- 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.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
- When we say “in writing” in these Term, this means by e-mail unless we specify otherwise.
If you are a consumer (for an explanation of the word consumer, see clause 5.1):
If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order.
If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
OTHER IMPORTANT TERMS
- 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. We will always notify you by posting on this webpage if this happens.
- You may only transfer your rights and obligations under these Terms to another person if we agree in writing. However if you are a consumer (for an explanation of the word consumer, see clause 5.1) and you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 15 to the recipient of the gift without needing to ask our consent.
- 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. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
- 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.
- 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.
- If you are a consumer (for an explanation of the word consumer, see clause 5.1), please note that these Terms are governed by English law. This means a Contract for the purchase of Products 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. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.