TERMS & CONDITIONS

Standard Terms & Conditions of Sale

1. Parties to this agreement have acquainted themselves with the standard Terms & Conditions of sale & have found them to be acceptable

2. Terms of Payment
a) Equipment sales – 100%, unless otherwise stated in writing.
b) Where a deposit has been paid against equipment, this is a non-refundable payment.

3. All prices quoted are inclusive of VAT.

4. The legal ownership of any goods/services supplied will only pass to the customer when the order has been dispatched.

5. Delivery / Install
Delivery via a pallet network will include a palletised kerbside delivery only. For insurance purposes our couriers are not permitted to enter your building, so please ensure you have 2 to 3 people to help with larger items. As our pallet deliveries are carried out by one man you may be expected to help unload larger items should the driver need assistance. 

We take great care in ensuring products are packaged to the best standards possible, however in very rare cases, these items can get damaged by the courier companies. When you receive your item, look around for obvious damage and sign for it as damaged even if the damage is extremely minimal (Unless you are previously aware of the damage).

If the courier is not prepared to wait whilst you look over your item(s), then please sign for it as damaged as this will ensure that if the courier did damage the item, claims can still be made against the cover and therefore protect you should we need to replace any items. If you did not sign for it as damaged or unchecked you will not be covered should the item turn out to be damaged, so please sign for the item as damaged or refuse delivery.

We must be made aware of any restrictions to access to the property including but not limited to overhanging / low trees / shrubs, steep driveways, narrow lanes, tight bends or any other restrictions that may make it difficult for the delivering vehicle to gain access to the point of delivery. We will not accept any claims for compensation arising from non / failed / refused delivery of any item where the couriers were not made aware of any points regarding access restrictions. 

Please ensure you have measured doorways, corridors and staircases etc to ensure the goods will fit where you want them to go and that you have the necessary manpower, tools and equipment in place to get the item in situ once delivered. All items will arrive in one piece to allow the buyer to test it fully prior to dismantling. Any dismantling and reassembly of equipment will be at the buyers discretion and their own responsibility unless a specific request for assistance is made prior to purchase. Please see our installation tab for more information on our installation services. If equipment needs to be dismantled to get in then you must test outside.

6. We pay our courier for a book in service whereby they will contact you prior to delivery and agree a suitable day for delivery. Should you fail to accept delivery after agreeing with the courier you will be charged for re-delivery. Failure to make this payment will result in us cancelling the sale and refunding you minus our postage costs. If you require the equipment to be installed or simply moved into a designated room, we can provide an installation and/or removals team. Alternatively, you are welcome to collect from our warehouse in Nottingham free of charge:

Fitness Marketplace
Unit A5 Poulton Drive
Nottingham
NG2 4BN
Email: sales@fitnessmarketplace.co.uk
Tel: 0115 926 6122
Opening hours: 9:00am to 4:00pm Monday-Friday, and a forklift is available for loading the equipment.

Disclaimer:
If you collect with your own vehicle, please check product dimensions and weight to make sure your vehicle is adequate for the item. We won’t dismantle the item before loading onto your vehicle. We can’t accept responsibilities for you reassembling the item. 

7. Failure to give accurate access details may result in additional installation charges and delays. The delivery will be to the nearest accessible point on the ground floor. Due to the size of the vehicles used we must be informed of any restrictions regarding access for the delivering vehicles. This includes steps, steep driveways, narrow lanes, overhanging or low trees, tight bends or any other restrictions that will make it difficult for the vehicle to gain access to the property.

a) Failed deliveries due incorrect address details or failure to accept delivery will incurr a re-delivery cost. If the item is returned to us you will be charged for outgoing/return postage costs and a re-stock fee of 20% of order value. 

b) Pre- Paid Installation

For Installation service you must provide accurate information / photos / videos and may need to complete a survey. Installation cost is non-refundable for below reasons.

• Failure to provide 72 hours notice when cancelling or re-scheduling an install.
• If our installers are not able to start installing within 30 minutes of arrival we reserve the right to leave and cancel the job.
• If your item will not fit in the space and Fitness Marketplace did not carry out the measurements.
• Failure to ensure there is a clear and safe working area for the installers to be able to carry out their work.
• If information / photos / video and survey do not accurately describe access.

c) Items that come with Free Installation

Some of our items come with free installation. Should you want to cancel following delivery and installation there will be a cancellation charge of £595 to cover the cost of our team as they will need to dismantle the item and return to base.

We also offer the option of taking the packaging away for you to dispose of. Should you choose this option and then decide to return or cancel the transaction there will be a 20% re-stock fee in addition to above cancellation cost.  

Warranty Information

All NEW equipment sold by Fitness Marketplace is covered by a minimum of one year ‘manufacturer warranty’, the terms and conditions of the ‘manufacturer warranty’ can be found on the official website for the manufacturer’s brand. The ‘manufacturer warranty’ on equipment varies between manufacturers.

ALL NEW RETURN items come with a 28-day return to base warranty and will start from the date of receiving the item. Warranty includes all parts and labour. Broken parts from normal wear and tear are not covered unless Fitness Marketplace has written an agreement to state otherwise. The above warranty applies to the original purchaser and is non-transferable. Warranty becomes invalid if any attempts are made by the customer to tamper / repair (add) or move our equipment from another property after delivery.

In some cases, where there is a minor fault, the manufacturer will send a part by mail for the customer to fit, excluding consumable parts and damage caused by accident, or misuse. Equipment sold for home or commercial use is warranted for use in a normal habitable building environment. Manufacturers reserve the right to cancel warranties if the equipment is used in a non standard environment, this may include external buildings or near heavy moisture such as but not including garages, sheds, swimming pools or open areas., and areas close to a swimming pool, where the ambient temperature varies significantly from a standard environment. Warranty for light commercial or full commercial equipment varies, please contact our sales department to clarify warranty status on individual equipment.

If an item develops a fault, please contact us stating the brand, model and serial number and a brief description of the fault. We will either arrange to send a part for the customer to fit, if this is practical and simply applied or affixed by a reasonable person, send an engineer on site, or in some instances, ask that the goods be returned to our warehouse for examination. This excludes new/boxed/installed items, in which case we will attempt to rectify any issues on site. Goods must be well packaged prior to collection. No goods will be accepted into our warehouse without prior authorisation from us. We will then repair or replace the equipment with an equivalent or better model and deliver the goods back to the customer at our expense.

Please note all equipment is warranted for mainland UK use. In certain circumstances, we may extend this to cover parts and or labour out with UK mainland, or we may offer a ‘back to base’ labour warranty. In cases of ‘back to base’ for goods out with UK mainland warranty, the customer may have to cover the cost of shipping to and from ‘base’, for further information, please contact us prior to purchase.

Disclaimer
Due to atmospheric conditions heart rate monitors and pulse sensors can be very temperamental, please do not purchase any equipment on the presumption that the heart rate monitor or pulse sensor will be fully functional.

Customer has the duty of care to after the goods whilst in their possession, failure to do so may incur additional costs and may make it non-returnable.
Belts, decks, Foot Straps, Upholstery, Belt aligning, Periodic Lubrication, Tracking, Tension of striding belts and resistance calibration, Grips and Cables.

The following should be done by the customer:
All machines will require routine daily, weekly and monthly checks. Please refer to the manufacturers guidelines for further information.
Warranty becomes invalid if any attempt is made by the customer to tamper/repair a machine whilst under warranty. 
Fitness Marketplace reserves the right to remove equipment for repair off site if on site repairs are not possible.

8. All piece parts supplied in the course of this business are subject to a 30 days warranty 
for the part supply only, or as agreed at time of quotation.

9. Access is required to the customer’s premises to carry out servicing, engineering works, 
maintenance or installation (as agreed). If access is denied or not available, a charge will be 
made for time lost/waiting to the customer at our standard labour rates.

10. If part of a consignment is not received or faulty, this shall not be grounds for withholding 
payment for the remainder of the invoice on which the goods appear.

11. Interpretation- These terms are construed in accordance with English Law and shall be 
subject to the exclusive jurisdiction of English Courts.

13. Conditions of items:

a) NEW: Brand new item in original packaging

b) NEW RETURN: a new returned item, that’s been built up in our warehouse for the first time. It’s been tested by our engineers, and it’s fully working. Due to the returns process, this item may have small scuffs and/or marks, but these are simply cosmetic hence the discount. 

c) USED: 

14. Due to the nature of used fitness equipment stocks and changes implemented in specifications during updates and model changes etc, products shown on this Site may differ from the product delivered. Customers are advised to check any specifically required features with www.fitnessmarketplace.co.uk at the point of ordering. Images are used as a guide, colour, design etc may vary from what is shown.

15. Fitness Marketplace endeavour to keep product information as up to date as possible. However, specifications are liable to change without notice. Product photographs are intended to illustrate the particular model but may, occasionally, not reflect the product as sold. Unless specifically stated, weights, bars and other accessories shown on photographs are not included – please call for further details on any particular product.

While every effort is made to provide accurate and up to date information, Fitness Marketplace can not be held responsible for any errors or omission on our website or brochures.

Although Fitness Marketplace endeavour to ensure that all pricing information on the website is accurate, occasionally an error may occur and goods may be mis-priced. If a pricing error is discovered or an order is placed at the erroneous price we will, at our discretion, either: contact you and ask you whether you wish to cancel your order or continue with the order at the correct price; or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price.

All orders made by you through the Website are subject to acceptance by us. We may choose not to accept your order for any reason and providing no payment has been taken nor any explicit acceptance of your order has been accepted, we will not be liable to you or to anyone else in those circumstances.

After submitting an order to us we will send you an order acknowledgement email with your order number and details of the goods that you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.

For certain goods, information concerning stock availability is not available on the Website. If you order goods which are not available from stock, we will contact you by e-mail and you will have the option to wait until the goods are available from stock, or cancel your order in accordance with our cancellation and returns policy. In the event your order is cancelled, we will refund any payment already collected from you in respect of that order, in accordance with our cancellation and returns policy.

Any email or other electronic acknowledgement by us of receipt of an order placed by you does not constitute legal acceptance by us of your order.

While every care has been taken to ensure that this website is virus-free, Fitness Marketplace accepts no liability for viruses or virus damage as result of using this website.

Nothing in these terms and conditions affect your statutory rights.

16. Returns / Cancellations

Right to cancel

Under Consumer Contracts (Information, Cancllation and Additional Charges) Regulations, you have the right to cancel most products purchased from us 14 days from the date of delivery. We must be notified of your intention to cancel in written form (email, letter or text) and any cost to return the goods will be the responsibility of the customer. New condition items must be returned with intact packaging, appropriate labels and literature. For palletised items costs will be £98 for singkle pallet and £190 for a double pallet.

Cost of returning goods also applies should you wish to cancel your order once its been dispatched but not yet delivered (palletised items). Cost for this is £98 for a single pallet and £190 for a large double pallet. Cost will be deducted from any refund. For V12 finance or Hitachi finance orders you will need to make the relevant payment over the phone or by bank transfer.

We reserve the right to charge outgoing postage (even if initial postage was free) and a re-stocking fee of 20% of order value.

Please note any items that are clearly personalised or made specifically to the consumers specifications are exempt from these regulations, this also includes new/boxed/unassembled items installed and assembled by us on location. We also reserve the right to make a deduction from refunding the full purchase price if we believe on examination that they exhibit use, which includes but is not limited to assembly, disassembly, incorrect transit and including using the product for it’s intended purpose or for any other purpose. The amount of deduction will be based on the extent of the diminishment in the goods value.

Under the terms of the aforementioned Regulations you have the right to cancel any service we offer and seek a full refund within 14 days beginning the day after the contract is concluded, however you will not be eligible for any refund in relation to specific charges made for a service that we have carried out including but not limited to an installation or service, except in cases of severe negligence or faulty workmanship. Please note this right to cancel does not negate your rights to have any incomplete or faulty workmanship corrected by us.

However by you agreeing that we commence carrying out this service before this cancellation period has expired, Fitness Marketplace wish to inform you the consumer in writing that you will not be able to cancel this contract of service under the regulations once the performance of the installation service has been completed.

If your item was delivered by one of our couriers on a pallet (Kerbside/Driveway) then the item will need to be outside (kerbside/driveway) on the original pallet for the driver to collect. Drivers are not allowed for insurance reasons to enter your property.

Faulty Goods

Under the consumer rights act 2015 you have the right to return purchased products if they are faulty or unfit for purpose within 30 days of delivery for a full refund. In such cases the customer will not need to pay for return costs and they will be entitled to a full refund. 

If your item was delivered by one of our couriers on a pallet (Kerbside/Driveway) then the item will need to be outside (kerbside/driveway) on the original pallet for the driver to collect. Drivers are not allowed for insurance reasons to enter your property.

All order cancellations or returns must be notified to us by e-mail or by writing. Please see contact details below:

sales@fitnessmarketplace.co.uk

Fitness Marketplace
Unit A5 Poulton Drive
Nottingham
NG2 4BN
Tel: 0115 926 6122

17. Coupons / Voucher Codes
Coupon codes can not be used in conjunction with any other offer, special price or promotion of any kind.
Fitness Marketplace reserves the right to cancel any sale or transaction, coupon discount, special offer, special price or promotion at any time.