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Gymwarehouse Terms and Conditions of Sale

General Terms and Conditions of Sale

DEFINITIONS
In this document the following words shall have the following meanings:

1 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2 GENERAL
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

3 PRICE AND PAYMENT. The price of the Goods shall be that stipulated in the Seller’s current List Price/on the Seller’s website/as contained in the Seller’s Quotation (as applicable) at the date of order or as agreed between the parties. Payment of the total purchase price (including delivery charges) must be made in full before dispatch of the Goods. If the seller should make a mistake in the advertised price, (or delivery costs) of any item the seller shall give the buyer the option to proceed with the new stated costs or cancel the order.

4 DELIVERY: Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller’s premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed. All Goods, wherever possible, will be delivered within 1 working day of the order being placed, (orders before 10.a.m) and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. This includes the offload of transport by means deemed necessary by the buyer and the agreement of the courier. The Seller shall use its reasonable endeavours to meet any date stated for delivery. ‘Next day’ delivery if only available on small items/individual orders. Any orders of multiple ,(or bulky) items will require picking and may or may not require palletising. The seller should expect orders of this nature to be delivered within 5 working days. Orders for items outside mainland England/Wales will usually take longer than one working day. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date. Items advertised as not in stock or on back order will be delivered within one working week of being restocked. Items on Back order will require their own shipping costs and will not be subject the usual sellers shipping discounts. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. Where a delivery is not met redelivery will be charged at seller’s discretion. Buyer will be liable for any additional shipping costs where an item is returned to the seller. Where advertised the seller will make every effort to honour a Next Day delivery but delivery is in no way guaranteed. Where a next day delivery is not met the seller will not refund in whole or in part any delivery costs.

5 WARRANTY
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller, (models occasionally vary cosmetically from those illustrated, i.e. brackets, mounts, colours, markings).
New Machines: Machines are selected from long established suppliers with proven design and robust manufacturing processes. All new machines are covered by manufacturers warranty only which vary in type and duration. If a machine should develop a warranty fault the customer should either contact the manufacturer directly, (using documentation enclosed) or if necessary via the Seller. The Seller is a main agent for EXE & various fitness machines and will carry spares of most components. The Seller may at their description offer spares directly to the customer to minimise customer downtime. Unless otherwise specified all warranties cover parts only. The seller will remain in no way liable for any labour, repair, inspection, servicing, diagnostics, shipping or transportation costs incurred by the purchaser. A buyer may ask the seller to undertake a diagnosis or repair. If the seller agrees to the repair all services will be chargeable at the current standard workshop rate. The buyer will still remain liable for all shipping and handling charges and providing insurance during transportation.
Used/Refurbished Machines: Where warranty is offered, (otherwise sold as seen) the Seller covers the following components on these machines: Frame, cables, electronic devices. Warranty is on a RTB basis and covers components and labour. Customer responsible for delivery and collection. The Buyer will service the machine at there expense once purchased. This should include daily inspection and specific maintenance requirements are detailed on some machines, (i.e resistance machines range). If a fault is deemed to be due to the negligent maintenance of a machine then the Buyer will be responsible for all repair costs to remedy such fault. The Seller will not be responsible in any way for downtime suffered by the buyer.

8 PRODUCT VARIATION/REQUIREMENTS
From time to time products may be updated and improved. As a result products may vary cosmetically from those advertised but this will in no way affect their performance or use.
In all cases buyer shall provide an adequate and suitable power supply for their purchase. The seller can not be held liable for fault or failure due to inadequate or insufficient power supply. Buyer is responsible for inspection of sample goods,(in warehouse showrooms) prior to purchase to ensure the goods are of a finish/quality required for sellers intended usage. The seller in no way warrants the finish of painted or chrome surfaces on any product. On heavy goods some marking will occur to paintwork during transit and seller will provide touch up paint where requested.

7 CANCELLATION AND RETURNS
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 2 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the goods are delivered in a damaged state the buyer will inform the courier and sign for them as damaged. Failure to do so will void and claim against the courier.
Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large,(aided by the buyer) otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (at the sellers discretion including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective. If the Seller elects to collect the faulty goods by courier the Buyer will aid in the loading/collection process in any way possible given 24hrs notice by the Seller.
Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage and all delivery collection charges.
Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing within 7 days of receipt of the Goods. Goods must be returned at the Buyer’s cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding delivery charges, if any) except for return postal charges within 30 days of cancellation minus a 20% restocking charge. If the item / packaging is deemed to be damaged by the Buyer then the cost to make good may be deducted from the Refund. In the event that packaging is beyond serviceable use the item will be deemed used and refund will that of second-hand goods only, (typically 50% new value).

8 LIMITATION OF LIABILITY
The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

10 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. Where a buyers wishes to challenge any part of the contact existing between themselves and the seller they agree to do so in a court local to the sellers registered office.

Gymwarehouse Terms and Conditions of Sale are subject to alteration and amendment.

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Nethercott
Chawleigh
Chulmleigh
Devon EX18 7LA

Telephone : 01769 580099
E-mail: info@gymwarehouse.co.uk

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