These terms and conditions ("the Terms") govern the users ("you" or "your") use of the the British Fitness Outlet on eBay and your relationship with British Fitness ("we", "our" or "us"). Please read them closely as they will affect your rights and liabilities under law. If you do not agree to these Terms, please do not purchase though our website or eBay store.
1. Agreement
By placing and order with us you agree to be bound by these Terms.
2. Delivery
We deliver to addresses both inside and outside the UK, there are however countries excepted from this.
Most UK Mainland excluding the Highlands attract free delivery, however we reserve the right to withdraw this offer at any time. If we do decide to charge you for delivery, we will let you know as soon as possible and give you the option of either reconfirming your order at the new price including delivery, or cancelling it. If you cancel your order and you have already paid for the goods, then a full refund will be issued.
Please see our delivery information to find out more about the delivery options we offer. We will use all reasonable endeavours to adhere to the specified delivery times set out in that section, and though we believe that we have aligned ourselves with excellent delivery partners, there may be times when parcels are delayed for which we will not be held liable to you.
If an order has been lost in transit, we may not be able to despatch a replacement item immediately. Resent or Replacement items will be despatched at our discretion or subject to availability, once all tracking and investigative avenues have been exhausted. This may include waiting up to 30 days from the initial date of despatch, for undelivered orders to be returned to us, depending on the delivery country.
All non-delivery claims must be received within 14 days of our original despatch date to you.
3. Cancellation Rights
Where you have purchased goods or services from us as a consumer (i.e. for private use as opposed to business use), then you are entitled to cancel any contract completed with us within 14 days of receipt of such goods or services.
If you wish to cancel a contract pursuant to clause 9, then:
• You must notify us in writing by using our contact form, sending an email to sales@britishfitness.com or by letter to British Fitness, Westfield Business Park, Long Road, Paignton, Devon, TQ4 7AU.
• You must retain possession of the goods or services received, and ensure that such goods or services are kept in the same condition as they were when they were delivered, until such time as the goods or services are either collected by us or delivered back to us by you;
• We will notify you of when we wish to collect the goods or services. Collection of such goods or services will be within 28 days of our receiving your cancellation notice. We will charge you the cost of collecting the goods or services, and will deduct this from any sum owed by us to you. Alternatively, you can return the goods or services to us by contacting a customer service representative via our contact form, by sending an email to sales@britishfitness.com or by phoning us on 01803 411218 between the hours of 10.00am to 5.00pm Monday-Friday.
• We will refund any monies you have paid to us, less any charges owed by you, within 30 days of receipt of your cancellation notice.
4. Price and Payment
All prices shown are inclusive of VAT, where applicable, at the current rates and are correct at the time of publishing. We do reserve the right, however, to change prices at any time without notice to you.
If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom then you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices do vary widely from country to country. We recommend that you contact your local customs office for specific importation information.
Payment can be made by using most credit/debit cards or PayPal. Payment will be debited from your account before dispatch of your order or the provision of services purchased. If payment is to be made via a credit card a pre-auth value of £0.01 will be held against the card until the card issuer has validated the payment.
In the unlikely event that the price offered to you at the checkout page is wrong, and we discover this before acceptance of your order, we are not required to sell the goods to you at the price shown. We always try to ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price, changing it to alternative item/s or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
You may only use one discount code per order. We reserve the right to reject or cancel any orders where you use more than one discount code. A discount code or discount voucher cannot be applied retrospectively to an order that has already been processed by us.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of any discount code terms and conditions can be obtained by contacting a customer service representative through our contact form, by emailing sales@britishfitness.com or by phoning us on 01803 411218.
5. Eligibility to Purchase
To be eligible to purchase goods and lawfully enter into and form contracts under English law you must:
• Be an individual, be 18 years of age or over; and
• Use your your real name, address, phone number, e-mail address any other details requested; and
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
6. Intellectual Property
The content of our eBay Store is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website.
7. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
• Affects or limits your rights as a consumer under English law; or
• Will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that Website material is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website then we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
• Incompatibility of the Website with any of your equipment, software or telecommunications links.
• Technical problems including errors or Website interruptions.
• Unsuitability, unreliability or inaccuracy of the Website.
• Inadequacy of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
8. Severance
If any part of these Terms are deemed unlawful, void or for any reason unenforceable, then that part shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
9. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
10. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
11. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any
disputes will be decided only by the English courts.
12. Matters Beyond Our Control
British Fitness shall not be held liable for any breach of the Terms caused by circumstances out of our control including, but not limited to, Acts of God, explosions, fire, lightning, severe weather, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet Service Providers (ISP) or acts of local Government, central Government or other competent authorities.
13. Language
In the event that there is an inconsistency or misunderstanding in relation to the Terms, due to a translation provided by us, then the English language version of these Terms shall prevail.
