TERMS & CONDITIONS
1 – Applications
These Terms & Conditions apply to the sale of goods supplied by Fitness Marketplace™ and for all subsidiaries therein referred to as the “Seller”.
Any contract made with the Seller for the sale of goods by the Seller is subject to these Terms & Conditions and any conflicting terms of business of the purchaser shall have no effect.
Acceptance of an order placed by the purchaser for goods will constitute acceptance by the purchaser of these Terms & Conditions.
2 – Price
Prices stated in any quotation or in the Sellers brochure and/or website are subject to variation.
The contract price is payable by reference to the Sellers price and parts list current at the date of dispatch.
3 – Payment
All orders must be pre-paid prior to dispatch.
For orders placed via our website, full payment should be made by Merchant, PayPal or BACS transfer.
For orders received via post, a cheque for the full amount payable should be enclosed along with your written order. Such orders will only be deemed as paid once the cheque has been cleared.
Only when an order has been paid will it be dispatched.
4 – Delivery
We offer FREE Delivery to mainland England and Wales. Some restrictions may apply.
All Fitness Tree™ orders (and accessories bought alongside a Fitness Tree™) placed before the 28th of each month will be delivered during the first FULL week of the following month.
Please note: Each Fitness Tree™ is individually made to order and as such can take some time to produce.
All accessories bought separately from Fitness Tree™ orders aim to be delivered within 10 working days.
All carriage charges are charged by the Seller to the Purchaser.
Overseas orders are placed with valid Merchant, PayPal / BACS details and maybe subject to additional shipping costs, import, export requirements and exchange rate variations where applicable.
5 – Risk & Title
Risk passes to the Purchaser so that the Purchaser is responsible for all loss, damage or deterioration to the goods at the time when the goods are placed at the disposal of the purchaser.
Property, (both legal and equitable) in the goods supplied by the Seller shall not pass to the purchaser until price of the goods and payment to the Seller has been made in full.
6 – Carriage
All prices quoted by the Seller are exclusive of delivery unless otherwise stated to all destinations within the UK.
Deliveries outside the UK may be subject to local duties and/or import charges.
These charges are charged to the Purchaser.
Such charges are in no way the responsibility of the Seller.
7 – Damage, Shortage or Loss in Transit
In respect of goods other than goods sold for export from the UK, no claim for any damage, shortage or loss in transit will be entertained by the Seller unless the Purchaser has given written notice to the Seller and any carrier employed by the Seller and (if applicable) the carriers conditions of carriage and claims notification procedure has been complied with by the Purchaser. Such written notice is to be given to the Seller and any such carrier within the following periods.
*In the case of partial damage, shortage or loss in the consignment in question to the Seller within 7 days and to any carrier other than the Seller within 3 days from receipt of the consignment in question.
* In case of export goods for overseas destinations, the Seller accepts no liability for damage or loss after the goods have been delivered to F.O.B UK Port. Insurance thereafter is at the Purchasers wish and cost.
8 – Catalogues, Brochures & Manuals
The description of goods by the Seller is given by way of identification only and the use of such descriptions shall not mean purchase of the Sellers goods is purchase of the Sellers description.
No drawing, descriptions or specifications issued by the Seller or the Sellers manufacturer, nor any description or illustrations contained in catalogues or other promotional material will form part of a sale agreement nor be regarded, as a warranty or representation of the goods.
9 – Liability
The Seller will free of charge during the year repair or at its option replace any goods, which are proved to reasonable satisfaction of the Seller to be defective in material or manufacture.
The Seller accepts no liability when the Purchaser fails within 14 days from receipt of goods to notify the Seller of any defect.
The Purchaser subjects goods misuse causing defects or damage by misuse.
10 – Ownership
10.1. All designs, details, descriptions of product and it’s methods of use at all times the property and sole ownership of Fitness Marketplace™.
10.2. All aspects of the Fitness Marketplace™ including;
1. Manual of Instructions
2. Drawings and Designs
4. Product Construction
6. Web Site design
7. Web Site information
8. Web Site addresses
9. Product Presentation
The Fitness Tree TM guide to Fitness Tree training and as such is subject to design copyright of Fitness Tree™.
11 – Proper Law
Every sale to which these conditions apply shall be construed and take effect in accordance with the Laws of England and the parties shall accept the exclusive jurisdiction of the English Courts. Statutory Consumer rights apply.
For more information, call us direct on 0115 926 6122
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