Terms & Conditions
These Terms and Conditions apply to the use of this Website including but not limited to the purchase of goods which are sold by For Fit’s Sake Limited. By placing an order on this Website you agree to abide by these Terms and Conditions.
By using this Website, you warrant that:
you are legally capable of entering into binding contracts;
you are at least eighteen (18) years of age;
the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity; and; you will notify us immediately of any changes to the personal information by e- mailing.
In these Terms and Conditions (the “Conditions”) the following definitions shall apply:
‘Buyer’ means the person(s), firm or Seller who purchases the Goods from the Seller. References to ‘you’ or ‘your’ are references to the Buyer
‘Seller’ means For Fit’s Sake Limited (Ltd) registered in England and Wales, Reg. No. 10293768. References to ‘we’ or ‘us’ are references to the Seller
‘Goods’ means any Goods agreed to be supplied to the Buyer by the Seller (including any part or parts of them)
‘Delivery Date’ means the date on which the Goods are to be delivered as stipulated in the Buyer’s order and accepted by the Seller
‘Contract’ means any agreement between the Seller and the Buyer for the sale and purchase of the Goods, incorporating these Conditions
‘Website’ means website www.fotfit’sake.uk
We reserve the right to change the Terms and Conditions at any time. Any such changes will take effect when posted on the Website and it is your responsibility to read the Terms and Conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms and Conditions.
1. Basis of Sale
1.1 The Buyer represents that information provided when placing its order is up-to-date, materially accurate and is sufficient for the Seller to fulfil the Buyer’s order.
1.2 The Buyer represents that it has legal capacity to enter into a contract. No warranty, commitment or any other obligation should be assumed by the Buyer on the Seller’s behalf or on behalf of a Goods manufacturer, licensor or supplier without the Seller’s express prior written consent.
1.3 The Seller’s employees or agents are not authorised to make any representation concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations.
1.4 No variation of the Conditions shall be binding unless prior agreed in writing between the authorised representatives of the Buyer and the Seller.
1.5 Sales literature, price list and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance.
1.6 The liability of the Seller to the Buyer for breaching any of these Conditions is limited to refunding any money already paid by the Buyer for Goods that have not been received or that have been returned within the agreed time scales and in the required condition. The Seller will not be liable for any other loss or damage, unless the loss or damage are caused by negligence.
1.7 Any typographical, clerical or other accidental errors or omissions on the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. If we discover an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you can and you have already paid for the Goods, you will receive a full refund.
2.1 All prices are inclusive of VAT where applicable. Costs of carriage are those applicable at the time, as advertised and noted at the point of order.
2.2 Confirmation of the order by the Buyer signifies acceptance of these charges.
2.3 The Seller reserves the right to alter the prices at any time prior to delivery.
3.1 Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the United Kingdom as specified in the Buyer’s order and/or the Seller’s acceptance as the location to which the Goods are to be delivered by the Seller.
3.2 Delivery shall only be made to locations within the United Kingdom.
3.3 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered in advance of the Delivery Date upon giving reasonable notice to the Buyer
3.4 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalment shall not entitle the Buyer to treat the Contract as a whole as repudiated.
3.5 If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, document, licences, consent or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon giving written notice to the Buyer to arrange for the storage of the Goods and then notwithstanding the provision of Clause 7.2 of the Conditions risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place (signed for or left in a safe place not signed for service) and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure.
4. Damage/Loss in Transit
4.1 The Seller accepts no liability for any loss resulting from the Buyer’s failure to comply with our carriers requirements with respect to notification of damage, shortage or non delivery of Goods.
4.2 Goods should be inspected on receipt and any damage or shortages advised to us in writing by email or post within five (5) working days, using contact information found on the Website.
4.3 Damaged Goods and original packaging must be retained for inspection at the Seller’s discretion.
4.4 Damaged Goods returned to the Seller will only be accepted if previously agreed in writing.
4.5 Non delivery must be advised in writing to ourselves within ten (10) working days of date of order.
5.1 Returns of Goods supplied in accordance with Buyer’s orders will not be accepted without prior written consent of the Seller.
5.2 Returned Goods must be sent carriage paid by the Buyer.
5.3 In addition to the Buyer’s statutory rights, the Buyer may also return the Goods if they no longer require the Goods. Goods must be returned unused with the original receipt within fourteen (14) days. The Seller will offer the Buyer an exchange or refund.
5.4 Returned Goods will only be accepted if unused and in the original packaging.
6.1 Payment for the Goods and any applicable delivery charges can be made by any method shown on the Seller’s Website at the time you place your order. Refunds will generally be made by the same means of a credit to your chosen method of payment.
6.2 Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Seller to terminate the Contract immediately.
6.3 There will be no delivery until cleared funds are received.
6.4 In certain circumstances we may require verification of identity and/or address in order for us to comply with payment processing procedures. The following are considered acceptable forms of verification documentation.
Identity (must be valid):
Current valid full passport; or
Provisional or full photo driving license; or
Government issued National Identity Card
Copy of a recent utility or tax bill. The document must be no more than 3 months old. Mobile phone bills are not acceptable; or
An account or credit card statement from a bank we recognise. The statement should be the most recent available statement. Statements featuring a “care of” address are not acceptable. Non-bank cards, including gym cards, store cards and student cards are not acceptable; or
A recent mortgage statement from a lender known to us.
The Seller reserves the right not to supply Goods without verification of identity and/or address.
6.5 The Seller reserves the right to charge interest on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and to suspend further deliveries.
6.6 If due to default in payment the Seller incurs additional costs in collecting the debt such as legal or debt collection fees etc then the defaulting Buyer will be held liable for all of these costs.
7. Risk and Title
7.1 Risk shall pass to the Buyer when the Goods are delivered to or collected by the Buyer or his agent.
7.2 It is a term of the Contract for sale of any Goods herein that the Goods shall remain the property of the Seller until such time as payment in full has been received and cleared. In the event of any default in payment the Seller reserves the right to reclaim the Goods concerned.
8. Intellectual Property
8.1 The content of the Website and Goods supplied by the Buyer are protected by relevant copyright, trademarks, database and other intellectual property rights. The moral rights of the authors are asserted accordingly.
8.2 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.
8.3 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
9.1 When you shop on the Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. This information is considered personal data and will be protected by us in accordance with the Data Protection Act 1998.
9.2 We will not collect any information about you unless it is specifically and knowingly provided by you.
9.3 The information we collect will be accurate and up to date. You can check this at any time by contacting us. We will immediately correct any inaccuracies you report.
9.4 We shall not sell or transfer your data to third parties without your explicit consent.
10. Jurisdiction and Applicable Law
10.1 Use of the Website is governed by English law and the parties submit to the exclusive jurisdiction of the English courts in any dispute which may arise concerning the Contract.
11. Entire Agreement
This Agreement embodies all the terms agreed between the parties relating to the Contract. They form the entire basis of the relationship.